The availability of the Forum on a distribution platform, social networking site, website, or online store does not indicate any relationship or affiliation between us and those sites.
Your use of this Forum is subject to these TOU and all applicable laws, rules and regulations. Please read these TOU carefully and contact us with any questions.
1. License. Company grants you a revocable limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Forum for non-commercial purposes. You understand that Company may modify or discontinue the Forum or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Forum except in Company's sole discretion. You do not acquire any right, title or interest in any content on the Forum by virtue of accessing the Forum or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Forum is granted to you by these TOU or otherwise. The trademarks, logos, service marks and business names displayed on the Forum are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Forum and any unauthorized reproduction, retransmission or other use of any part of the Forum may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.
3. Limitations. In connection with his or her use of the Forum, you will not, and will not allow any third party to:
a) Post or link to any material that contains :
· Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
· Obscene, defamatory, libelous, slanderous and/or unlawful content;
· Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
· Inflammatory religious content;
· Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
· Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
b) Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Forum;
c) Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Forum or any content contained therein;
d) Use the Forum in any manner that could damage, disable, overburden, or impair the Forum, Company, the applicable social networking site, or any other person or entity; or
e) Collect any information (including usernames and/or email addresses) about other users of the Forum; create or transmit unwanted electronic communications to other users of the Forum; or otherwise interfere with such users' enjoyment of the Forum.
Unless otherwise expressly authorized in these TOU or on the Forum, you may not take any action to interfere with the Forum or any other user’s use of the Forum. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Forum without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Forum.
You agree not to use the Forum for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Forum.
4. User Content. By posting or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such user-submitted content, collectively, "User Content") through or in connection with an Forum, including on any associated website, distribution platform, online store, or social networking site, you grant to Company, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You represent and warrant that: (a) You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Forum; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by you does not violate the TOU, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Forum.
You are solely responsible for the User Content that you post, store or upload through or in connection with the Forum, including any material or information that you transmit to other users or post on Facebook. Company does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Forum; however, Company reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Forum at any time and for any reason without notice. Without limiting the foregoing, Company may remove any User Content for any reason including content that in the sole judgment of Company violates the TOU, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
5. Digital Millennium Copyright Act (“DMCA”) Notice. We are committed to complying with U.S. copyright and related laws, and we require all users of the Forum to comply with these laws. Accordingly, you may not disseminate any material or content using the Forum in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Forum if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:
If you believe that content that you or a third party owns has been used via the Forum in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information:
6. Limitation on Liability; Disclaimers. THE FORUM, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE FORUM AT YOUR OWN RISK. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FORUM, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE FORUM. COMPANY DOES NOT WARRANT THAT THE FORUM OR FORUM CONTENT OR THE FUNCTIONS CONTAINED IN THE FORUM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FORUM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE FORUM. IN NO EVENT SHALL COMPANY, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE FORUM, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE FORUM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE FORUM BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE FORUM OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE FORUM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE FORUM OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $40.00.
IN ADDITION TO THE ABOVE, YOU WHOLLY RELEASE HUMBLE BUNDLE, ITS PARENT, AFFILIATE COMPANIES, AGENTS, OFFICERS, AND EMPLOYEES (“HUMBLE PARTIES”) FROM ANY CLAIMS AND DAMAGES RELATED TO THIS TOU OR THE FORUM AND IN THE EVENT THAT THE HUMBLE PARTIES ARE FOUND LIABLE FOR ANY DAMAGES, THEIR LIABILITY SHALL IN NO EVENT EXCEED US $40.00.
7. Indemnity. You agree that you will defend , indemnify and hold harmless Company, Humble Bundle, their parents, subsidiary and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Forum of violation of these TOU, including without limitation (i) all matters related to your access to and use of any Company online services, including, without limitation, your use of the Forum, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Forum caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.
8. Links to Other Sites. The Forum may contain links to websites operated by or on behalf of Company, and your use of all such websites are subject to the applicable policies of those websites. The Forum, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. Company does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Company encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at is or her own risk.
9. Termination . Company reserves the right, at any time and in its sole discretion, to discontinue the use of the Forum in whole or in part, and prevent any person or entity from access to the Forum. Upon termination for any reason, Sections 6 (Disclaimers; Limitation on Liability), 7 (Indemnity) and 10 (General), together with any licenses granted to Company hereunder, will survive.
10. General. This TOU, and your relationship with us under this TOU, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, Humble Bundle, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this TOU shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the JAMS rules in New York, NY with one arbitrator in English. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).
If you reside in a country outside the United States, your country’s laws shall apply to this Agreement and you agree to be bound to JAMS arbitration in your home country or its equivalent. In that case, Company may participate telephonically or through document submission as allowable through local arbitration rules.
Exceptions and Arbitration .
You and Company agree that the following claims are not subject to the above provisions concerning binding arbitration: (i) any claims seeking to enforce or protect, or concerning the validity of, any of your or Company’s intellectual property rights; and (ii) any claim for equitable relief.
No Class Actions.
You agree to resolve any disputes related to this TOU as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Forum at the terms designated, and that your assent is an indispensable consideration to this TOU.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Forum or this TOU:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any provision in this TOU is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this TOU shall remain in effect.
No Assignment, Sublicense or Transfer.
You may not assign, sublicense, or transfer this TOU or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this TOU.
This TOU sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this TOU shall survive the expiration of this TOU including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this TOU shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.