TERMS OF SERVICE
Last Updated: April 1st, 2020.
These Terms of Service (these "Terms") govern Your access to and use of the Websites and online features and content accessible through such Websites (collectively, the "Services") offered by GameUp Online, Inc., d/b/a Heroic Labs, a Delaware corporation, and its affiliates (collectively, "Heroic," "We," "Us" or "Our"). You will be referred to as "You" herein. As used herein, "Websites" refers collectively to www.heroiclabs.com as well as any other websites that Heroic operates on its own behalf. For clarity, "Websites" does not include any sites owned or operated by Our customers
In addition to these Terms, Your access to and use of the Services are governed by (i) Our Privacy Policy (https://heroiclabs.com/privacypolicy.txt), and (ii) any additional terms or rules that apply to specific Websites, products, or services that We offer, including the Heroic Cloud Terms (https://cloud.heroiclabs.com/terms.txt) if You purchase a subscription for Our Heroic Cloud. To the extent any additional terms or rules conflict with these Terms, the additional terms or rules govern with respect to Your access to or use of the applicable Website, product or service. The Privacy Policy (https://heroiclabs.com/privacypolicy.txt) constitutes a part of these Terms and is incorporated by reference herein. Please read these Terms, the Privacy Policy (https://heroiclabs.com/privacypolicy.txt) and any applicable additional terms and rules carefully.
THESE TERMS GOVERN YOUR USE OF THE SERVICES, CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND HEROIC, AND ARE DEEMED ACCEPTED BY YOU AND HEROIC. YOUR ACCESS TO OR USE OF THE SERVICES INDICATES YOUR ACCEPTANCE TO THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND IT TO THESE TERMS (INCLUDING THE PRIVACY POLICY (https://heroiclabs.com/privacypolicy.txt)), IN WHICH CASE "YOU" WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT THESE TERMS (INCLUDING THE PRIVACY POLICY (https://heroiclabs.com/privacypolicy.txt)), THEN WE ARE UNWILLING TO PROVIDE THE SERVICES TO YOU, AND YOU MAY NOT USE THE SERVICES.
We may change these Terms from time to time. If We make changes, We will notify You by revising the date at the top of these Terms, and in some cases, We may provide You with additional notice (such as adding a statement to Our website's homepage or sending You an email notification). We encourage You to review these Terms frequently.
Eligibility; Use Restrictions
You hereby affirm that You are over the age of thirteen (13), as the Services are not intended for anyone under 13. If You are under 13 years of age, then You may not use the Services. In addition, if You are between the ages of 13 and 18 (or between the ages of 13 and the age of legal majority under applicable law in Your jurisdiction), You may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that You have the full power and authority to agree to these Terms and that in doing so you will not violate any other agreement to which You are a party and that You have not been previously suspended or removed from the Services.
You represent, warrant, and agree that You will not use the Services in a manner that is illegal or otherwise inconsistent with these Terms. In addition, you will not use the Services in a manner that Heroic deems, in its sole discretion, objectionable. You agree that you will access the Services only through the interfaces provided. You also agree not to do any of the following:
* attempt to decipher, decompile, disassemble, reverse engineer or otherwise hack Our websites or any software, network or servers used to provide the Services, or damage the Services or Our other property in any way;
* attempt to breach any security or authentication measures of the Services;
* avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Us or any other third party to protect the Services;
* use the Services for any commercial purpose or solicitation, other than as contemplated by these Terms;
* interfere or attempt to interfere with other users' use of the Services;
* use a false email address, impersonate another person or misrepresent Your affiliation with any person;
* do anything that is harmful, deceptive, threatening, harassing, predatory, defamatory, obscene, or otherwise objectionable;
* do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
* use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Services in any manner;
* send spam or any other unauthorized advertisements or solicitations through or using the Services;
* attempt to harvest, collect or use addresses, phone numbers, email addresses or other contact information of users without consent from such users and from Heroic;
* use the Services to advocate or advance computer hacking or cracking;
* use the Services for any purpose that constitutes gambling without Heroic's prior written consent;
* use personal information (including social security numbers, credit card numbers and passwords) from users without the necessary authorization or consent from the user;
* offer any contest, sweepstakes, coupon or other promotion through the Services;
* do anything that is infringing, fraudulent, malicious or could expose Us or Our users to harm or liability;
* allow a child under the age of 13 to provide any personal information in such child's User Content (as defined below);
* distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature through the Services;
* create accounts with automation or register accounts in bulk account;
* sell, trade, resell or otherwise exploit the Services for any unauthorized commercial purpose;
* modify, adapt, translate or create derivative works of any portion of the Services;
* remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
* use the Services to "mine" bitcoins and other cryptocurrencies; or
* attempt, encourage or facilitate any of the above.
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Heroic has no obligation to monitor Your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, in Our discretion and at any time, to suspend, change or discontinue any part of the Services, introduce new features or impose limits on certain features, or restrict access to parts or all of the Services.
Accounts
You may be required to register for an account in order to access certain portions of the Services. You must provide accurate and complete registration information when You register for an account and keep such information up to date. You are solely responsible for all actions taken under Your account and for the security of Your passwords. If You become aware of any unauthorized use of Your password or account, You agree to notify Heroic immediately. Any personal information You provide to Us when registering for an account shall be governed by Our Privacy Policy (https://heroiclabs.com/privacypolicy.txt).
User Content
Heroic may offer community features, such as forums and chats, as part of the Services. You must be over the age of 13 and, if You are a minor, have Your parent or legal guardian's consent, to participate in any community features. In addition, Heroic may allow You to submit information to Us through forms and other manners in connection with obtaining customer support, completing surveys or otherwise ("Submitted Information"). In addition, You may (i) Post or Provide reviews, comments, photos, images, logos, descriptions, and other content (collectively "Provided Content") and (ii) submit suggestions, ideas, comments, questions, opinions and feedback ("Feedback," and together with any Submitted Information and Provided Content, the "User Content"). As used herein "Post or Provide" (or any derivative thereof) means to upload, post, transmit, share, store, submit, link to or otherwise make available through the Services.
You may not Post or Provide User Content that is illegal, libelous, offensive, harmful, obscene, pornographic, threatening or defamatory, including User Content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. You may not Post or Provide User Content that exploits people in an abusive, violent or sexual manner or that promotes illegal activities or provides instructions on how to conduct illegal activities. You also may not Post or Provide User Content that contains software or any other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party. In addition, You may not Post or Provide User Content that constitutes or contains political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not Post or Provide any misleading information or User Content that You know is false or inaccurate.
If You do Post or Provide User Content, You grant Heroic a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media, including, without limitation, for troubleshooting, marketing, product development and any other commercial or non-commercial purpose in Heroic's sole discretion, without payment or compensation to You of any kind. You grant Heroic and Our sublicensees the right to use the name that You submit in connection with such User Content, if We or they choose to use it. By Posting or Providing any User Content, You represent, warrant and agree that (i) You are the owner or otherwise have the right to publicly distribute the User Content; (ii) the User Content is accurate; (iii) use of the User Content You supply does not violate these Terms or applicable laws, rules or regulations and will not cause injury to any person or entity; (iv) the User Content You provide does not contain any private or personal information of a third party without such third party's consent; and (v) You will indemnify Heroic for all claims resulting from User Content You supply. You agree that any Feedback You provide to Us is gratuitous, unsolicited, non-confidential and without restriction. You further acknowledge that, by acceptance of Your submission of Feedback, We do not waive any rights to use similar or related ideas previously known to Us, or developed by Our employees, or obtained from sources other than You.
While Heroic does not routinely pre-screen, review, edit or approve any User Content before it is Posted or Provided, Heroic has the right, but not the obligation, to monitor and edit or remove any User Content in its sole discretion. The Heroic community may flag inappropriate User Content and Heroic may, in its sole discretion, remove or disable access to any User Content. Heroic takes no responsibility and assumes no liability for any User Content Posted or Provided by You or any third party. Any User Content Posted or Provided will be considered public, and Heroic will not be responsible for the actions of Users with regards to any public information. You agree that Heroic has no responsibility or liability for the deletion or failure to store any User Content and other communications maintained or transmitted through use of the Services.
Ownership
The Services, and materials displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, videos, images, illustrations, and so forth (all of the foregoing, the "Services Content"), are owned by or licensed to Heroic and are protected by copyright, trademark, patent and/or other intellectual property laws. Except as explicitly stated in these Terms, We reserve all rights in and title to the Services, the Services Content and the compilation, collection, arrangement, or assembly of all Services Content. Any code or software code that Heroic creates, generates or displays in the Services is also protected and You may not copy or adapt such code. Subject to Your compliance with these Terms, You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Services Content for Your own personal use. Such license is subject to these Terms and does not include any right to (i) sell, resell, or commercially use the Services or the Services Content, (ii) copy, reproduce, distribute, publicly perform, or publicly display the Services Content, except as expressly permitted by Us or Our licensors, (iii) modify the Services Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Services or the Services Content, or (iv) use the Services or the Services Content other than for their intended purposes.
Any use of Heroic's trademarks and/or logos ("Marks") shall be for the sole purpose of promoting or advertising that You use the Services and solely in accordance with any then current trademark usage guidelines for Heroic, which may be found here or elsewhere on Our websites and/or which may otherwise be provided to You by Heroic from time to time. You agree that all goodwill generated through Your use of the Marks shall inure to the benefit of Heroic.
Any use of the Services or the Services Content other than as specifically authorized herein, without Our prior written permission, is strictly prohibited and will terminate the licenses granted herein.
Third Party Services
Our Services may contain links or connections to third party websites, applications or other online services (collectively, "Third Party Services"). When You access or use Third-Party Services, You accept that there are risks in doing so, and that We are not responsible for such risks, regardless of whether or not We have a relationship with the entity offering such Third-Party Services. We encourage You to be aware when You leave the Services and to read the terms and conditions and privacy policy (https://heroiclabs.com/privacypolicy.txt) of each Third-Party Service that You access or use. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, practices of or opinions expressed in any Third-Party Service or by any third party that You interact with through Our Services. In addition, We will not and cannot monitor, verify, censor, or edit the content of any Third-Party Service. You acknowledge and agree that Your interactions with such third parties are solely between You and such third parties, and that We are not responsible or liable in any manner for such interactions.
Copyright Complaints
We have a policy of limiting access to the Services for users who infringe the intellectual property rights of others. If You are a copyright owner or a direct agent thereof and believe that anything in the Services infringes any copyright that You own or control, You may submit a notification pursuant to the Digital Millennium Copyright Act by notifying Our designated agent in writing as follows:
* Address: GameUp Online, Inc., 440 N Barranca Ave #3231, Covina, CA 91723, United States.
* E-Mail Address: legal@heroiclabs.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if You knowingly misrepresent that any activity or material on the Services is infringing, You may be liable to Heroic for certain costs and damages.
Warranty Disclaimer
THE SERVICES AND SERVICES CONTENT ARE PROVIDED BY HEROIC (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, AND HEROIC, TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL HEROIC OR OUR AFFILIATES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND ASSIGNS, OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND OTHER REPRESENTATIVES (ALL OF THE FOREGOING COLLECITVELY REFERRED TO HEREIN AS THE "HEROIC PARTIES"), BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANY INTERRUPTION OF BUSINESS) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE HEROIC PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100), WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify, defend (at Our request), and hold the Heroic Parties harmless from and against any and all claims, liabilities, damages, losses, and expenses, (including without limitation, actual, indirect, incidental, consequential, and special damages, such as damages for expenses or business interruption, property damage, attorneys' fees, and loss of use, data, revenue, income, profits, or value of assets or securities) arising from or related to any third-party claims relating to: (i) Your alleged or actual violation of these Terms, (ii) Your use of the Services or Services Content, (iii) Your User Content, (iv) Your violation, misappropriation, or infringement of any right of another party, or (v) Your violation of any applicable laws or regulations.
Term and Termination
These Terms will remain in full force and effect while You are a user of the Services. We reserve the right, at Our sole discretion, to pursue all of Our legal remedies, including but not limited to suspending, disabling or terminating Your access to and ability to use the Services and/or any other products or services provided to You by Heroic, at any time for any or no reason and without any notice. We are not responsible for any loss or harm related to Your inability to access or use the Services. You may terminate these Terms as they apply to You at any time by ceasing all use of the Services. All sections which by their nature should survive expiration or termination of the applicability of these Terms shall continue in full force and effect subsequent to and notwithstanding such expiration or termination.
Access Outside the United States
We make no claims that the Services may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. When You access the Services, You acknowledge and agree that information You provide may be transferred to a jurisdiction other than Your country of residence. You may not use the Services if You are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which You are resident or from which You use the Services.
Governing Law
These Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under these Terms shall lie exclusively with the state or federal courts within San Francisco, California.
Arbitration
Except as set forth in this paragraph, You agree that any controversy or claim arising out of or relating to an alleged breach of these Terms or Your use of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and the arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Either You or Heroic may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights of property for You or Heroic pending the completion of arbitration. With respect to any claims or disputes You intend to bring on behalf of a class, You agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, You will continue to resolve Your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, You may file the class action in a court of law provided You waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
Miscellaneous
You may not assign, delegate or transfer these Terms or Your rights or obligations hereunder in any way (by operation of law or otherwise) without Our prior written consent. We may transfer, assign, or delegate these Terms and Our rights and obligations without Your consent. Failure to exercise a right does not constitute a waiver. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable. There are no third-party beneficiaries intended under these Terms. These Terms are the only agreement between the parties with respect to the subject matter herein; provided, however, that these Terms do not supersede any other agreements We may have with You with respect to different subject matters. Except for changes to the Terms by Us (as described above), no other amendment or modification of these Terms will be effective unless in writing and signed by both You and Us.
California Users
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
Contact Us
If You have any questions about these Terms, please email Us at legal@heroiclabs.com or write Us at GameUp Online, Inc. d/b/a Heroic Labs, 440 N Barranca Ave #3231, Covina, CA 91723, USA.
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