2. Acceptance of Terms
3. Age and Authorization
The Website, the App and any products or services available on or via the Website and/or the App are intended solely for individuals who are 18 years of age or another age, defined in your state or country as the age of maturity. If you are not yet 18 or are accessing this Website and/or our App from any country where this material is prohibited, please exit now as you do not have proper authorization and your continued use of the Website and/or App will be in violation of these Terms.
4. Your use of our Website
This Website and/or our App and all theirs contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the contents and other downloadable materials displayed on this Website and/or the App for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Website, the App or in the contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Website, our App or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, reverse engineering of the Website and/or the App and content on the Website and/or App is strictly prohibited.
5. Prohibited Conduct
You agree not to engage in any of the following activities:
5.1. Violating laws and rights:
You may not (a) use any of our products for any illegal purpose or in violation of any local, state, national, or international laws; (b) violate or encourage others to violate any right of or obligation to a third party, including, but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights; (c) purport to subject the Company to any other obligations; or (d) use our products for any purpose not specifically permitted in these Terms.
You may not use our products or any information provided through the Website or/and the App for the purpose of (a) the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation; (b) building a product using similar ideas, features, functions or graphics of the Website and/or the App; (c) copying any ideas, features, functions or graphics of the Website and/or the App and the Company’s Intellectual Property; (d) or modifying, adapting, translating, or otherwise creating derivative works based upon the Website, the App or any of our products.
You may not use the Website and/or the App in any manner that could disable, overburden, damage, or impair the products, or interfere with any other party’s use and enjoyment of the products; including, but not limited to, by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code; (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the products; (c) violating any regulation, policy, or procedure of any network, equipment, or server; (d) cause or permit decompilation, reverse assembly, reverse engineering or otherwise attempting to discover the source code of all or any portion of the Website and/or the App or the Company’s Intellectual Property.
5.4. Harming others:
You may not post or transmit Content on or through the Website and/or the App that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; you may not intimidate or harass another through our products; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Website and/or the App.
5.5. Impersonation, unauthorized access and unauthorized transfer of rights:
You may not:
- impersonate another person or entity, or misrepresent your affiliation with a person or entity when using our products;
- use or attempt to use another’s account or personal information without authorization;
- attempt to gain unauthorized access to the products, or the computer systems or networks connected to the products, through hacking password mining or any other means;
- rent, lease, sell, resell, loan, assign, sublicense, license, copy, distribute or otherwise commercially exploit, or otherwise transfer rights to use the Website and/or the App or its content.
At all times you may not send spam or otherwise send duplicative or unsolicited messages in violation of applicable laws.
6. Take Down
The Company reserves the right, but not the obligation, to take down or otherwise exclude from the Website and the App, without notice or recourse, any communications, names, photographs, information and/or content made or submitted by you or others on or through the Website or the App which the Company believes at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; plagiarizing; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential, private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist, sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate speech; and/or a political attack on a group or individual.
7. Accounts and Passwords
Certain products or services offered on or through our Website and/or the App may require you to register an account with us. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify the Company immediately of any unauthorized access or use of your account or password, or any other breach of security. You may not use anyone else’s login, password or account at any time without the express permission and consent of the holder of that account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
8.Property of the Company and User-Generated Content
8.1. Property of the Company
Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Website and/or the App (collectively, the "Contents") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to the Company or its respective affiliates, and are protected by European, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website and the App is the exclusive property of the Company and is also protected by U.S., European and international copyright laws. Permission to use the Contents is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the information is for informational and non-commercial or personal use only; (3) the information is not modified in any way; and (4) no graphics available from this Website and/or the App are used separate from accompanying text. We reserve the right to modify the Contents of this Website and the App at any time, but we have no obligation to update any information on the Website and/or the App.
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through this Website and/or App, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of the Website and/or the App (collectively, the "User-Generated Content") you grant the Company a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the User-Generated Content however the Company desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such and/or incorporate such User-Generated Content into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way. You hereby waive all your moral rights in the User-Generated Content for the benefit of the Company and its successors, assigns and licensees.
For this reason, we ask that you not send us any User-Generated Content that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You grant the Company the right to use the name that you submit in connection with any User-Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Generated Content you submit. You are and shall remain solely responsible for the content of any User-Generated Content you make, and you agree to indemnify the Company and its affiliates for all claims resulting from or relating to any User-Generated Content you submit.
8.3. User-Generated Content
In relation to User-Generated Content you grant us that:
- you are the exclusive owner of all rights, titles and interests in and to the User-Generated Content (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User-Generated Content to allow for your performance and grant of rights hereunder;
- the User-Generated Content are wholly original to you;
- the User-Generated Content do not and will not infringe upon or otherwise violate the proprietary, publicity, or privacy rights of any person or entity;
- the User-Generated Content do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity;
- nothing contained in the User-Generated Content is or will be, or contains or will contain, links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology.
Please note that the User-Generated Content might become the subject of public disclosure. Thus, neither we nor its successors, assigns, transferees, or licensees are responsible for, and expressly disclaim any liability arising from or in connection with, its/their use of any User-Generated Content in accordance with the terms and conditions of these Terms.
9. Copyright Infringement and DMCA Notice
9.1. Copyright Infringement
The Company respects the copyrights of others, and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Website or the App, or from engaging in any activities on or through the Website or the App, which violate the copyrights of others. It is the policy of the Company to terminate, and the Company reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of any subscriber and account holder (which may include, without limitation, you) to access, register with, and use the Website and the App who is a repeat copyright infringer. If the Company becomes aware that a user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat copyright infringer, then it is the policy of the Company to take reasonable steps within its power to terminate, and the Company reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of that user to access and use the Website and the App.
9.2. DMCA Notice
The Company has adopted measures concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed at the end of this clause.
If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Company`s Copyright Agent:
- Information reasonably sufficient for our Copyright Agent to contact you: name, address, phone and e-mail address (if available);
- A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
- Information reasonably sufficient to permit Copyright Agent to locate your work on the site;
- A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Please, make sure to write DMCA Copyright Notice in the subject line.
Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Copyright Agent by email as set forth below:
Copyright Agent`s Email: email@example.com
10. Intellectual Property Rights
The Company (or its licensors) shall retain all Intellectual Property rights in and to all of the Company’s business, information, technology and other proprietary materials, including but not limited to the Website, the App and the products/services, (including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, "look and feel", images, text, graphics, illustrations, data and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all documentation and manuals related thereto and all other aspects of such technology or product) or any derivatives thereof, or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company and made available to you through the Website and App or otherwise (“Intellectual Property”).
Except as specified herein, you do not acquire any rights, express or implied, in the Website and/or the App, including all upgrades, modifications, new versions and releases and have no right to commercialize or transfer the Website, in whole or in part. No license, right or Intellectual Property Right in any Company’s trademark, trade name or service mark is granted pursuant to these Terms.
11. Third-Party Materials and Links
The Website may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By accessing or using the Website, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. The Company doesn’t warrant or endorse such Third-Party Materials and the Company doesn’t assume, and will not have, any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service.
The Company makes no representation that such services and Third-Party Materials are appropriate or available for use on any particular location. To the extent you choose to access such services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable law, including but not limited to applicable local laws.
12. Your Privacy
13. Warnings and Disclaimers
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEBSITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE AND/OR THE APP, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THIS WEBSITE, THE CONTENTS AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. IN NO EVENT SHALL THE COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS 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, THIS WEBSITE, THE SITE CONTENT, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL 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 THIS WEBSITE OR THE CONTENTS, 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.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES, SO SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS WEBSITE.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS WEBSITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS WEBSITE, AND ANY LINKS PROVIDED ON THIS WEBSITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS WEBSITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS WEBSITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE; (5) ANY TRANSACTION CONDUCTED ON THIS WEBSITE; AND (6) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS WEBSITE.
If you are dissatisfied with the Website and/or the App, or these Terms, your only remedy under these Terms shall be to discontinue use of the Website, the App and other ours products.
You and also any third party for or on behalf of whom you operate an account or activity on the Website and/or through the App agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website and/or through the App or those conducted on your behalf):
- your uploads, access to or use of the Website and/or the App;
- your breach or alleged breach of these Terms;
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
- any misrepresentation made by you.
You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
This provision shall survive the termination of these Terms and remain in full force and effect.
Section headings are inserted for convenience only and shall not affect the interpretation of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
16.3. Rights Assignment
You may not assign, transfer or sub-contract any of your rights under these Terms. We may assign, transfer or sub-contract all or any of our rights at any time without notice or your consent.
Any failure or delay by us in enforcing any right, power or remedy under these Terms or applicable law shall not be deemed to be a waiver thereof unless made in writing by us.
16.5. Entire Agreement
These terms, including any legal documents contained on this Website and our App, constitute the entire agreement as to your use of and our provision of the access to the Website and/or the App and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
17. Governing Law and Jurisdiction
These Terms shall be subject to the laws of the State of California and the U.S. federal laws. The parties shall submit to the exclusive jurisdiction of the U.S. District Courts, located in Los Angeles County county, California. For any dispute, you have with Company, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute informally.
We may provide notifications to you via email notice, or through posting of such notice on the Website and/or the App, as determined in our sole discretion. We reserve the right to determine the form and means of providing notifications, provided that you may opt out of certain means of notification as described in clause 15 of our Terms and Conditions www.habitof.com. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Should You have any questions, complaints, or claims with respect to the Website, the App and these Terms, please contact:
Company does not provide any guaranteed response time but will make a good faith effort to answer questions within five (5) business days.
Last updated: April 8, 2019