TERMS AND CONDITIONS
USE OF THE SERVICE
PAID FEATURES AND REFUND POLICY
TERMINATION OF ACCESS
We have the right, in our absolute discretion, to terminate your access to the Services at any time without prior notice to you where we believe that you have not complied with any of these Terms of Service or any of our rules of use, codes of conduct or any of our instructions for our Services.
PUBLIC FORUMS AND COMMUNICATION
“ Public Forum” means an area, Service or feature offered as part of the Service that offers the opportunity for users to distribute Submissions for viewing by one or more Service users, including a chat area, message board or social community environment. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you distribute on or through the Service under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute. We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason including, without limitation, if your Submission fails to conform to our rules of conduct discussed in the Use of the Service section above, in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Service (including all information, text, displays, images and audio and any software made available through or in connection with the Service) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Service for personal use or legitimate business purposes related to your role as a current or prospective user of the Service. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Service without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Service; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Service are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sublicense, distribute, sell or exploit for any commercial purposes (a) any part of this Service, (b) access to this Service or (c) use of this Service or of any services or materials available through this Service.
The Company name and logos, and all related names, logos, product and service names, designs and slogans contained in the Service or any software provided or accessed in connection therewith are trademarks of the Company, its affiliates, licensors and/or contractors unless otherwise clearly specified in writing. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks of their respective owners.
SOFTWARE AND DOWNLOADS
ACCESS AND INTERFERENCE
You agree that you will not (b) use any manual process to monitor or copy any of the material on this Service or for any other unauthorized purpose without the prior written consent of the Company, (a) use any robot, spider or other automatic device, process or means to access the Service, (c) use any device, software or routine that interferes with the proper working of the Service, (e) take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure, (d) attempt to interfere with the proper working of the Service or (f) access, reload or “ refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
LIMITATION OF LIABILITY
The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Service (the “ Service Content”). Reliance on the Service Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Service Content. THE SERVICE, THE SERVICE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SERVICE ARE PROVIDED ON AN “ AS IS” AND “ AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER THE COMPANY, ITS LICENSORS OR CONTRACTORS, NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE, THE CONTENT, PRODUCTS OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS LICENSORS, ITS CONTRACTORS NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE SERVICE, THE SERVICE CONTENT OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY AND ITS LICENSORS AND CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, THE SERVICE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS SERVICE OR ANY LINKED SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE OR THE SERVICE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You acknowledge and agree that neither the Company nor its licensors or contractors operate or control the Internet and that: (i) viruses, worms, trojan horses or other undesirable data or software; or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to your data, web Service, computer or network. The Company uses what it believes to be reasonable efforts to protect itself and its Service users from such unauthorized use, but the Company and its licensors and contractors are not responsible for failures resulting from the acts or omissions of third parties not controlled by or under contract with the Company.
INTERACTION WITH OTHER USERS
As a condition of access to the Service, you release the Company (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute you may have with any other user of the Service. The Company will have the right but not the obligation to resolve disputes between users relating to use of the Service, and to the extent that it elects to resolve such disputes, the Company will do so in good faith based on the general rules and standards of the Company and the Service. You release the Company (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Company’s resolution of such disputes.
LINKS TO OTHER SERVICES
The Service may contain links to other web Services on the Internet. The Company is not responsible for and does not endorse the content, products, services or practices of any third-party web Services, including, without limitation, Services framed within the Service and does not make any representations regarding their quality, content or accuracy. Your use of third party web Services is at your own risk and subject to the terms and conditions of use for such web Services. The Company is not responsible for any products or services you may elect to purchase, download or use from any third-party distributor, merchant or other information or service provider (“ Merchant”). All transactions regarding goods or services offered by Merchants, including, but not limited to, the purchase and payment terms for such goods or services, warranties, guarantees, maintenance and delivery, are solely between you and the Merchant and are governed by the terms of the agreement between you and the Merchant. The Company is not a party to any transactions between you and a Merchant, and is not liable for any direct or indirect costs or damages arising out of any dispute between you and a Merchant. NEITHER THE COMPANY, ITS LICENSORS OR CONTRACTORS, NOR ANY THIRD-PARTY PROVIDER, OTHER THAN THE MERCHANT OFFERING SUCH GOODS OR SERVICES, MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPATIBILITY.
SUSPECTED COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (“ DMCA”) and other applicable law, the Company may, in appropriate circumstances and in the Company’s sole discretion, terminate your access to this Service if it deems you to be a repeat infringer. The Company may also, in its sole discretion, limit your access to the Service and/or terminate your membership if you infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Service are covered by a single notification, a representative list of such works; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Herotainment’s Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows: Herotainment, LLC Attention: 300 Park Avenue, 12th Floor, New York, NY 10022 or at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Herotainment, LLC 300 Park Avenue, 12th Floor Suite 403 New York, NY 10022 firstname.lastname@example.org November 27, 2018