1. Introduction and Acceptance
HumbleCraft Apps ("Company," "we," "us," and "our") offers access to its interactive online websites, applications, and services. These Terms of Use, together with our Privacy Policy and any additional terms that may apply to certain products or services, govern your use of our websites, widgets, and applications, together referred to as our Services.
Please read these Terms of Use carefully before using our Services. By using any of our Services, other than to read these Terms for the first time, you agree to comply with these Terms of Use. If you do not agree to be bound by them, do not use our Services.
2. Intellectual Property
Our Services and associated content, including any derivative works or enhancements, such as text, fonts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, technology, documentation, and interactive features, are owned by us, our licensors, or both. All trademarks, service marks, trade names, and trade dress that appear in our Services are likewise owned by us, our licensors, or identified third parties.
Except for the limited use rights granted in these Terms of Use, you do not acquire any right, title, or interest in our Services or any Service Content. Any rights not expressly granted are reserved.
3. Access and Use
Our Services are provided for your personal and commercial use except when Service Content is used to create end products for sale and the lifetime sales of the end product exceed 400 units. End products must be a unique implementation of the Service Content and significantly different from the original piece. We may offer certain portions of our Services at no charge and others for one-time fees, subscriptions, or other lawful pricing structures. In all cases, you receive a limited license to use our Services; you are not purchasing ownership of them.
When using our Services, you agree to comply with applicable laws, including copyright law.
You may not, except as expressly permitted in these Terms of Use:
- Remove or alter copyright, trademark, or proprietary notices.
- Circumvent or interfere with security-related features.
- Scrape or copy the Website or Service Content without written permission.
- Collect personally identifiable information such as usernames, passwords, or email addresses.
- Solicit users to join commercial services without prior written approval.
- Interfere with the proper working of our Services.
- Reverse engineer, decompile, or disassemble software or Service Content.
- Use monitoring tools to determine service architecture or extract usage data.
- Impersonate another person or entity or violate applicable civil or criminal law.
- Violate U.S. export laws.
- Engage in conduct that restricts or inhibits another user from using the Services.
You agree to cooperate fully with us in any investigation of suspected or actual breaches of these Terms.
4. User Registration
Some features may require you to become a registered user. If you are under the age of thirteen, you are not permitted to register or otherwise submit personal information.
If you become a registered user, you agree to provide true, accurate, and complete registration information and to keep it updated. You are responsible for safeguarding your username and password and for all activity occurring under your membership. You agree to contact us immediately if you become aware of any unauthorized use or security breach involving your account.
5. User Content
We may permit users to post, upload, transmit, or otherwise submit messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, or other materials through our Services. You retain ownership of your User Content, subject to the rights and licenses you grant under these Terms.
You may not submit content protected by copyright, trademark, patent, trade secret, or other intellectual-property rights without the owner's permission. You are solely liable for any damage resulting from failure to obtain that permission.
You represent and warrant that your User Content will not:
- Infringe the rights of others.
- Impersonate another person or be unlawful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable.
- Encourage criminal conduct or civil liability.
- Advertise goods or services or solicit funds where prohibited.
- Include personal information such as phone numbers, account numbers, addresses, or similar data.
- Contain dangerous instructions, formulas, or advice that could cause harm.
- Be a chain letter or similar spam.
Where you have given us permission, by submitting User Content you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, display, publish, and create derivative works from that content in the manner you requested. We may also use your biographical information, such as your name and geographic location, in connection with publication of that content where consistent with our Privacy Policy.
We have the right, but not the obligation, to monitor User Content and to edit, refuse to post, remove, or disable access to it in our sole discretion.
6. Service Content and Third-Party Links
We provide Service Content for educational, entertainment, promotional, and commercial purposes expressly stated in these Terms. You are responsible for evaluating the accuracy, timeliness, completeness, and usefulness of any Service Content. We are not liable for loss or damage caused by reliance on such content.
In many cases, Service Content may include materials posted by third parties or reflect third-party opinions. We do not endorse or warrant the accuracy, completeness, or reliability of third-party opinions or statements.
Our Services may link to websites maintained by third parties. We do not operate or control those sites and are not responsible for content posted there or for any loss or damage arising from your dealings with third parties or their websites.
7. Indemnification
You agree to indemnify and hold harmless the Company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies from and against claims, liabilities, losses, damages, obligations, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your User Content, your actual or alleged breach of these Terms, or your acts or omissions.
8. Disclaimer of Warranties
Your use of our Services is at your sole risk. Our Services and Service Content, including software, are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, to the fullest extent permitted by law.
This includes disclaimers of warranties that the Services will meet your requirements, be available, accurate, secure, useful, timely, uninterrupted, or error-free, and warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
9. Limitation of Liability
Under no circumstances shall the Company or its related persons and entities be liable for indirect, incidental, special, consequential, or exemplary damages arising out of or connected with our Services or these Terms of Use, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with our Services is to stop using them.
In no event shall the cumulative liability of the Company and its related persons and entities exceed the lesser of the total payments received from you by the Company during the preceding twelve months or one hundred U.S. dollars (US $100). Any cause of action arising out of or relating to our Services or these Terms must commence within one year after the cause of action accrues.
In some jurisdictions, limitations of liability are not permitted. In those jurisdictions, some of the foregoing limitations may not apply to you.
10. Termination
We reserve the right, in our sole discretion and at any time, to terminate or suspend your membership and/or block your use of our Services for any reason, including failure to comply with the letter or spirit of these Terms. Any suspension or termination will not affect obligations that by their nature should survive, including licenses granted, indemnities, disclaimers, limitations on liability, and miscellaneous provisions.
11. Copyright Policy
We respect the intellectual-property rights of others and expect users to do the same. In appropriate circumstances we may terminate or disable memberships of users suspected of infringing the rights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), we will respond promptly to claims of copyright infringement reported to ihumblecraft@gmail.com.
If you are a copyright owner or authorized to act on one's behalf, your notice should include a physical or electronic signature, identification of the copyrighted work, identification of the allegedly infringing material, contact information, a good-faith statement regarding unauthorized use, and a statement under penalty of perjury that the information provided is accurate and that you are authorized to act on behalf of the owner.
12. Choice of Law; Jurisdiction and Venue
These Terms of Use shall be construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law rules. Legal proceedings arising out of or relating to these Terms or our Website shall be brought exclusively in the state or federal courts of Delaware, and you waive objections to jurisdiction, venue, or inconvenient forum.
13. Dispute Resolution and Mandatory Arbitration
We each agree to first contact the other regarding disputes and provide a written description of the issue, relevant information, and a proposed resolution. If the dispute is not resolved within 30 days, it may be submitted to binding arbitration.
Arbitration shall be administered by JAMS under its rules and procedures in effect when the claim is filed. Additional information, including fees, may be obtained from JAMS or by calling 949-224-1810.
This arbitration agreement is governed by the Federal Arbitration Act. Either party may bring qualifying claims in small claims court. Unless prohibited by law, arbitration will be solely between you and the Company and not as part of any classwide claim.
14. No Class Actions
To the extent allowed by law, each party waives any right to pursue disputes on a classwide basis, including joining claims with those of others or asserting claims in a representative capacity.
15. No Trial by Jury
To the extent allowed by law, each party waives any right to trial by jury in any lawsuit, arbitration, or other proceeding.
16. Amendments and Additional Terms
We reserve the right to modify or discontinue any aspect of our Services and to modify these Terms of Use at any time. We may also provide operating rules or additional terms governing use of our Services. Any additional terms will be incorporated by reference, and where they conflict with these Terms, the additional terms will control.
Modifications or additional terms become effective immediately upon notice, whether by posting on the Website, email, or through our Applications. Your continued use of the Services after such modification signifies acceptance.
17. Miscellaneous
No waiver by either party of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default. Section headings are for convenience only and have no legal effect.
If any part of these Terms is unlawful or unenforceable, only that part shall be stricken and the remaining provisions shall remain in effect.
These Terms of Use, together with the Privacy Policy and any incorporated Additional Terms, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior written or oral agreements on that subject.
You may not assign these Terms or delegate obligations without our prior written consent. We may assign these Terms or any rights under them without your consent and without notice.