Heavenly
Fate ("Us" or "We") provides the Heavenly Fate site and
various related services (collectively, the "site") to you, the user,
subject to your compliance with all the terms, conditions, and notices
contained or referenced herein (the "Terms of Use"), as well as any
other written agreement between us and you. In addition, when using particular
services or materials on this site, users shall be subject to any posted rules
applicable to such services or materials that may contain terms and conditions
in addition to those in these Terms of Use. All such guidelines or rules are
hereby incorporated by reference into these Terms of Use.
These
Terms of Use are effective as of June 15 2011. We expressly reserve the right
to change these Terms of Use from time to time without notice to you. You
acknowledge and agree that it is your responsibility to review this site and
these Terms of Use from time to time and to familiarize yourself with any
modifications. Your continued use of this site after such modifications will
constitute acknowledgement of the modified Terms of Use and agreement to abide
and be bound by the modified Terms of Use.
As used
in these Terms of Use, references to our "Affiliates" include our
owners, subsidiaries, affiliated companies, officers, directors, suppliers,
partners, sponsors, and advertisers, and includes (without limitation) all
parties involved in creating, producing, and/or delivering this site and/or its
contents.
We make
various services available on this site including, but not limited to, Games, and other like services. You are responsible for
providing, at your own expense, all equipment necessary to use the services,
including a computer, modem, and Internet access (including payment of all fees
associated with such access). This site is intended for fun.
We
reserve the sole right to either modify or discontinue the site, including any
of the site’s features, at any time with or without notice to you. We will not
be liable to you or any third party should we exercise such right. Any new
features that augment or enhance the then-current services on this site shall
also be subject to these Terms of Use.
Your use
of the site is subject to all applicable laws and regulations, and you are
solely responsible for the substance of your communications through the site.
By posting information in or otherwise using any communications service, chat
room, message board, newsgroup, software library, or other interactive service
that may be available to you on or through this site, you agree that you will
not upload, share, post, or otherwise distribute or facilitate distribution of
any content -- including text, communications, software, images, sounds, data,
or other information -- that:
a. is
unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another’s privacy, tortious, contains
explicit or graphic descriptions or accounts of sexual acts (including but not
limited to sexual language of a violent or threatening nature directed at another
individual or group of individuals), or otherwise violates our rules or
policies;
b.
victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
c.
infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
d.
constitutes unauthorized or unsolicited advertising, junk or bulk email (also
known as "spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
e.
contains software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
f.
impersonates any person or entity, including any of our employees or
representatives.
We
neither endorse nor assume any liability for the contents of any material
uploaded or submitted by third party users of the site. We generally do not
pre-screen, monitor, or edit the content posted by users of communications
services, chat rooms, message boards, newsgroups, software libraries, or other
interactive services that may be available on or through this site. However, we
and our agents have the right at their sole discretion to remove any content
that, in our judgment, does not comply with these Terms of Use and any other
rules of user conduct for our site, or is otherwise harmful, objectionable, or
inaccurate. We are not responsible for any failure or delay in removing such
content. You hereby consent to such removal and waive any claim against us
arising out of such removal of content. See "Use of Your Materials"
below for a description of the procedures to be followed in the event that any
party believes that content posted on this site infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other proprietary
right of any party.
In
addition, you may not use your account to breach security of another account or
attempt to gain unauthorized access to another network or server. Not all areas
of the site may be available to you or other authorized users of the site. You
shall not interfere with anyone else’s use and
enjoyment of the site or other similar services. Users who violate systems or
network security may incur criminal or civil liability.
You agree
that we may at any time, and at our sole discretion, terminate your membership,
account, or other affiliation with our site without prior notice to you for
violating any of the above provisions. In addition, you acknowledge that we
will cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement authorities
in investigating suspected criminal violations.
This site
may link you to other sites on the Internet or otherwise include references to
information, documents, software, materials and/or services provided by other
parties. These sites may contain information or material that some people may
find inappropriate or offensive. These other sites and parties are not under
our control, and you acknowledge that we are not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the content of
such sites, nor are we responsible for errors or omissions in any references to
other parties or their products and services. The inclusion of such a link or
reference is provided merely as a convenience and does not imply endorsement
of, or association with, the site or party by us, or any warranty of any kind,
either express or implied.
Copyright
(c) June 15 2011 Heavenly Fate All Rights Reserved.
For
purposes of these Terms of Use, "content" is defined as any
information, data, communications, software, photos, video, graphics, music,
sounds, and other material and services that can be viewed by users on our
site. This includes message boards, chat, and other original content.
By
accepting these Terms of Use, you acknowledge and agree that all content
presented to you on this site is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws, and is the sole property
of Heavenly Fate and/or its Affiliates. You are only permitted to use the
content as expressly authorized by us or the specific content provider. Except
for a single copy made for personal use only, you may not copy, reproduce,
modify, republish, upload, post, transmit, or distribute any documents or
information from this site in any form or by any means without prior written
permission from us or the specific content provider, and you are solely
responsible for obtaining permission before reusing any copyrighted material
that is available on this site. Any unauthorized use of the materials appearing
on this site may violate copyright, trademark and other applicable laws and
could result in criminal or civil penalties.
Neither
we or our Affiliates warrant or represent that your use of materials displayed
on, or obtained through, this site will not infringe the rights of third
parties. See "User’s Materials" below
for a description of the procedures to be followed in the event that any party
believes that content posted on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right of any
party.
All
custom graphics, icons, logos and service names are registered trademarks,
trademarks or service marks of Heavenly Fate or its Affiliates. All other
trademarks or service marks are property of their respective owners. Nothing in
these Terms of Use grants you any right to use any trademark, service mark,
logo, and/or the name of Heavenly Fate or its Affiliates.
Subject
to our Privacy Policy, any communication or material that you transmit to this
site or to us, whether by electronic mail, post, or other means, for any
reason, will be treated as non-confidential and non-proprietary. While you
retain all rights in such communications or material, you grant us and our
agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right
to copy, distribute, display, perform, publish, translate, adapt, modify, and
otherwise use such material for any purpose regardless of the form or medium
(now known or not currently known) in which it is used.
Please do
not submit confidential or proprietary information to us unless we have
mutually agreed in writing otherwise. We are also unable to accept your
unsolicited ideas or proposals, so please do not submit them to us in any
circumstance.
We
respect the intellectual property of others, and we ask you to do the same. If
you or any user of this site believes its copyright, trademark or other
property rights have been infringed by a posting on this site, you or the user
should send notification to our Designated Agent (as identified below)
immediately. To be effective, the notification must include:
1.
Identify in sufficient detail the copyrighted work that you believe has been
infringed upon or other information sufficient to specify the copyrighted work
being infringed).
2.
Identify the material that you claim is infringing the copyrighted work listed
in item #1 above.
3.
Provide information reasonably sufficient to permit us to contact you (email
address is preferred).
4.
Provide information, if possible, sufficient to permit us to notify the
owner/administrator of the allegedly infringing webpage or other content (email
address is preferred).
5.
Include the following statement: "I have a good faith belief that use of
the copyrighted materials described above as allegedly infringing is not
authorized by the copyright owner, its agent, or the law."
6.
Include the following statement: "I swear, under penalty of perjury, that
the information in the notification is accurate and that I am the copyright
owner or am authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed."
7. Sign
the paper.
8. Send
the written communication to the following address:
Designated
Agent for Claimed Infringement:
Contact:
Customer Service
Address: info@heavenlyfate.com
Phone: 021 1776204
You
acknowledge and agree that upon receipt of a notice of a claim of copyright
infringement, we may immediately remove the identified materials from our site
without liability to you or any other party and that the claims of the complaining
party and the party that originally posted the materials will be referred to
the United States Copyright Office for adjudication as provided in the Digital
Millennium Copyright Act.
ALL
MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A)
THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND
MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR
AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR
DEFECTS.
THIS SITE
COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL
ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE,
INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY
TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE,
AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE
OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS
THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR
AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through
your use of the site, you may have the opportunities to engage in commercial
transactions with other users and vendors. You acknowledge that all
transactions relating to any merchandise or services offered by any party,
including, but not limited to the purchase terms, payment terms, warranties,
guarantees, maintenance and delivery terms relating to such transactions, are
agreed to solely between the seller or purchaser of such merchandize and
services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED
THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT
SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS
PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION
AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH
THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content
available through this site often represents the opinions and judgments of an
information provider, site user, or other person or entity not connected with
us. We do not endorse, nor are we responsible for the accuracy or reliability
of, any opinion, advice, or statement made by anyone other than an authorized
Heavenly Fate spokesperson speaking in his/her official capacity. Please refer
to the specific editorial policies posted on various sections of this site for
further information, which policies are incorporated by reference into these
Terms of Use.
You
understand and agree that temporary interruptions of the services available
through this site may occur as normal events. You further understand and agree
that we have no control over third party networks you may access in the course
of the use of this site, and therefore, delays and disruption of other network
transmissions are completely beyond our control.
You
understand and agree that the services available on this site are provided
"AS IS" and that we assume no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user
communications or personalization settings.
SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO
EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED
TO FROM THIS SITE.
FURTHER,
WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED
THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS
THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
Upon a
request by us, you agree to defend, indemnify, and hold us and our Affiliates
harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise
from your use or misuse of this site. We reserve the right, at our own expense,
to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.
You are
solely responsible for maintaining the confidentiality of your password and
account and for any and all statements made and acts or omissions that occur
through the use of your password and account. Therefore, you must take steps to
ensure that others do not gain access to your password and account. Our
personnel will never ask you for your password. You may not transfer or share
your account with anyone, and we reserve the right to immediately terminate
your account if you do transfer or share your account.
From time
to time, this site may include advertisements offered by third parties. You may
enter into correspondence with or participate in promotions of the advertisers
showing their products on this site. Any such correspondence or promotions,
including the delivery of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated with such
correspondence or promotions, are solely between you and the advertiser. We
assume no liability, obligation or responsibility for any part of any such
correspondence or promotion.
We may
make email, messaging, blogging, or chat services (collectively,
"Communications") available to users of our site, either directly or
through a third-party provider. We make available separate supplemental
agreements characterizing the relationship between you and us that, except
where expressly noted or contradictory, includes these Terms.
We will
not inspect or disclose the contents of private Communications except with the
consent of the sender or the recipient, or in the narrowly-defined situations
provided under the Electronic Communications Privacy Act, or as other required
by law or by court or governmental order. Further information is available in
our Privacy Policy.
We may
employ automated monitoring devices or techniques to protect our users from
mass unsolicited communications (also known as "spam") and/or other
types of electronic communications that we deem inconsistent with our business
purposes. However, such devices or techniques are not perfect, and we will not
be responsible for any legitimate communication that is blocked, or for any
unsolicited communication that is not blocked.
Mailboxes
may have a limited storage capacity. If you exceed the maximum permitted
storage space, we may employ automated devices that delete or block email
messages that exceed the limit. We will not be responsible for such deleted or
blocked messages.
Although
this site may be accessible worldwide, we make no representation that materials
on this site are appropriate or available for use in locations outside the
United States, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this site from other
locations do so on their own initiative and are
responsible for compliance with local laws. Any offer for any product, service,
and/or information made in connection with this site is void where prohibited.
You agree
that we may, in our sole discretion, terminate or suspend your access to all or
part of the site with or without notice and for any reason, including, without
limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or
illegal activity may be grounds for terminating your relationship and may be
referred to appropriate law enforcement authorities.
Upon
termination or suspension, regardless of the reasons therefore, your right to
use the services available on this site immediately ceases, and you acknowledge
and agree that we may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or this site. We shall not be liable to you or any third party for
any claims or damages arising out of any termination or suspension or any other
actions taken by us in connection with such termination or suspension.
This site
(excluding any linked sites) is controlled by us from our offices within the
New Zealand. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ
from those of New Zealand, by accessing this site both of us agree that the
statutes and laws of the State of New Zealand, without regard to the conflicts
of laws principles thereof and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to the use of
this site and the purchase of products and services available through this
site. Each of us agrees and hereby submits to the exclusive personal
jurisdiction and venue any court of competent jurisdiction within the State of
New Zealand with respect to such matters.
All
notices to a party shall be in writing and shall be made either via email or
conventional mail. Notices to us must be sent to the attention of Customer
Service at info@heavenlyfate.com, if by email, or at Heavenly Fate P.O. Box
27281, Shirley, Christchurch, New Zealand if by conventional mail. We may
broadcast notices or messages through the site to inform you of changes to the
site or other matters of importance, and such broadcasts shall constitute
notice to you at the time of sending.
These
terms and conditions constitute the entire agreement and understanding between
us concerning the subject matter of this agreement and supersedes
all prior agreements and understandings of the parties with respect to that
subject matter. These Terms of Use may not be altered, supplemented, or amended
by the use of any other document(s). Any attempt to alter, supplement or amend
this document or to enter an order for products or services which are subject
to additional or altered terms and conditions shall be null and void, unless
otherwise agreed to in a written agreement signed by you and us. To the extent
that anything in or associated with this site is in conflict or inconsistent
with these Terms of Use, these Terms of Use shall take precedence.
In any
action to enforce these Terms of Use, the prevailing party will be entitled to
costs and attorneys’ fees. Any cause of action
brought by you against us or our Affiliates must be instituted with one year
after the cause of action arises or be deemed forever waived and barred.
You may
not assign your rights and obligations under these Terms of Use to any party,
and any purported attempt to do so will be null and void. We may free assign
our rights and obligations under these Terms of Use.
You agree
not to sell, resell, reproduce, duplicate, copy or use
for any commercial purposes any portion of this site, or use of or access to
this site.
In
addition to any excuse provided by applicable law, we shall be excused from
liability for non-delivery or delay in delivery of products and services
available through our site arising from any event beyond our reasonable
control, whether or not foreseeable by either party, including but not limited
to, labor disturbance, war, fire, accident, adverse
weather, inability to secure transportation, governmental act or regulation,
and other causes or events beyond our reasonable control, whether or not
similar to those which are enumerated above.
If any
part of these Terms of Use is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
Any
failure by us to enforce or exercise any provision of these Terms of Use or
related rights shall not constitute a waiver of that right or provision.
Except as
explicitly noted on this site, the services available through this site are
offered by Heavenly Fate, an Evil Donald International Ltd, located at P.O. Box
27281, Shirley, Christchurch, New Zealand. Our
telephone number is 021 1776204. If you notice that any user is violating these
Terms of Use, please contact us at info@heavenlyfate.com.