(April 1, 2016)
PLEASE READ these TERMS OF SERVICE CAREFULLY.
Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use its services. If these terms and conditions are considered an offer by Heropath.com, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 13 years old.
1. Your Heropath.com Account
If you create an account on the website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Heropath.com of any unauthorized uses of your account or any other breaches of security. Heropath.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Heropath.com hereby grants you permission to use the Site as set forth in this Terms of Service, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Heropath.com’s prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
In order to access some features of the Site, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Heropath.com immediately of any breach of security or unauthorized use of your account. Although Heropath.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Heropath.com or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Heropath.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Heropath.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Heropath.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
You acknowledge that the Site contains Heropath.com trade secrets and accordingly you agree, to the extent permitted by applicable law, that you shall not cause or permit reverse engineering, disassembly, de-compilation, or make any attempt to discover the source code of the Site. You will not alter or impair any acknowledgment of copyright or other intellectual property rights of Heropath.com or any other right owner that may appear in the Site and Documentation. You shall not (i) further distribute, assign or resell the Site, (ii) rent, lease or loan the Site, (iii) use the Site for profit, (iv) use the Site for any unlawful purpose or (v) use the Site to infringe on the copyright laws of your country of residence or (vi) use the Site other than for testing and evaluation purposes.
The Heropath.com Site may now or in the future permit the submission of Picture, Texts, Parameters, Videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Heropath.com does not guarantee any confidentiality with respect to any submissions.
You understand that when using the Heropath.com Site, you will be exposed to User Submissions from a variety of sources, and that Heropath.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Heropath.com with respect thereto, and agree to indemnify and hold Heropath.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
2. Alpha stage
You expressly recognize that the Site is currently under development in “alpha stage” (as that term is used in the IT industry) and still contains many “bugs” (as that term is used in the IT industry) and that it may not function as intended and should be used with utmost care.
You expressly agree to receive email messages from Heropath.com relating to the alpha-testing process, and commit to upgrading widgets or embedded players from the Site when requested by Heropath.com or otherwise to stop using these widgets or embedded players.
You should not use the Site if you are not sufficiently proficient with computers and the web to fully understand the implications of using “alpha stage” Site (as that term is used in the IT industry).
You expressly commit to using the Site at your own risk, and under the conditions and restrictions set forth in these TERMS OF SERVICE.
3. Purchase of Pathpoints
Users build content on Heropath and get other benefits by spending a custom currency named ‘Pathpoints’. Pathpoints are an in-game currency that are both awarded to the user and can also be purchased by the user.
Purchasing of Pathpoints requires the User to use Paypal. This protects the Users credit card and banking information. None of this financial information is stored on Heropath website, accounts, or in any of our records. Heropath will keep track of each users Pathpoints account and the full record is made available to the User.
Pathpoints are awarded to Users through an intermediate currency called Alphapoints. Alphapoints allow Users to build games and are converted into spent Pathpoints when the User commits to publishing their game. If the user has less Pathpoints than Alphapoints at the time of publishing, then the User will need to purchase additional Pathpoints.
Pathpoints are recoverable when the User deletes their published content and commits to remove this content from their game. Heropath may choose to levy a small Pathpoint fee on recovered Pathpoints.
4. User Content License
User contributions are licensed under a Creative Commons Attribution 4.0 International License. Without limiting any of those representations or warranties, Heropath.com has the right (though not the obligation) to, in Heropath.com’s sole discretion (i) refuse or remove any content that, in Heropath.com’s reasonable opinion, violates any Heropath.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Heropath.com’s sole discretion. Heropath.com will have no obligation to provide a refund of any amounts previously paid.
From time to time, Heropath.com may contribute content to the Site. Heropath.com’s content is not a “user contribution,” and Heropath.com’s content is not licensed under Creative Commons Attribution 4.0 International License. Heropath.com reserves all rights to its content posted to the Site.
5. Responsibility of Site Visitors
Heropath.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, Heropath.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Heropath.com disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Sites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Heropath.com links. Heropath.com does not have any control over those non-Heropath.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-Heropath.com website or webpage, Heropath.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Heropath.com disclaims any responsibility for any harm resulting from your use of non-Heropath.com websites and webpages.
7. Copyright Infringement and DMCA Policy
As Heropath.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Heropath.com violates your copyright, and if this website resides in the USA, you are encouraged to notify Heropath.com in accordance with Heropath.com ’s Digital Millennium Copyright Act (“DMCA”) Policy. Heropath.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Heropath.com will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Heropath.com or others. In the case of such termination, Heropath.com will have no obligation to provide a refund of any amounts previously paid to Heropath.com.
8. Intellectual Property
This Agreement does not transfer from Heropath.com to you any Heropath.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Heropath.com. Heropath.com, the Heropath.com logo, and all other trademarks, service marks, graphics and logos used in connection with Heropath.com, or the Site are trademarks or registered trademarks of Heropath.com or Heropath.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Heropath.com or third-party trademarks.
Heropath.com reserves the right to display advertisements on your content.
Heropath.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Heropath.com may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Heropath.com may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Heropath.com account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties
The Site is provided “as is”. Heropath.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Heropath.com nor its suppliers and licensors, makes any warranty that the Site will be error free or that cess thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
13. Limitation of Liability
In no event will Heropath.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Heropath.com under this agreement during the twelve (12) month period prior to the cause of action. Heropath.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty
You agree to indemnify and hold harmless Heropath.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Heropath.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Heropath.com, or by the posting by Heropath.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the Province of Manitoba, Canada., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Winnipeg, Manitoba.
(Modified from the Community Guidelines posted by ChoiceOfGames.com)