HeroesHearth.com Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or “SRR") is our terms of service that governs our relationship with users and others who interact with HeroesHearth.com (the website) and The Meadery L.L.C. (the operating company), as well as brands, products and services of The Meadery L.L.C., The Meadery L.L.C. wholly owned subsidiaries, sister company, The Afternoon Company L.L.C. (the parent company) or Affiliates, which we call the “The Meadery L.L.C. Services” or “Services”. By using or accessing the The Meadery L.L.C. Services, you agree to this Statement, as updated from time to time.
Because The Meadery L.L.C. provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this Statement, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
HeroesHearth.com is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the The Meadery L.L.C. and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The general purpose and intent of HeroesHearth.com is to provide a social network platform to Heroes of the Storm fans and players to promote discussions and events surrounding competitive and casual Heroes of the Storm play. Nothing herein or displayed on HeroesHearth.com or The Meadery Services shall be construed to be associated with the views or expressions of Blizzard Entertainment or Heroes of the Storm. We promote a community for the fans and players only.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com so that we may remove it immediately.
All Users (registered and unregistered)
The Meadery L.L.C. reserves the right to collect the following information: i) things you do and information you provide, ii) things others do and information they provide, iii) your networks and connections, iv) information about payments, v) device information vi) information from websites and apps that use our Services, vii) information from third-party partners, and viii) information gathered from The Meadery Affiliates
? HeroesHearth.com may use this gathered information to: i) provide or improve services, ii) communicate with you, iii) show and measure ads and services, iv) promote safety and security, v) communicate information to law enforcement to assist with criminal prosecution, vi) to be used in civil litigation where The Meadery L.L.C. is a party there-to vii) and inform you of competitive events, newsworthy topics and promotions relating to Heroes of the Storm or The Meadery L.L.C. Services (if you wish to opt out of such promotional material under vii, contact firstname.lastname@example.org).
? HeroesHearth.com provides social networking services, each user should expect that his/her private information will be shared in a manner typically expected when using such services, this includes but is not limited to: i) people you share and communicate with, ii) people that see content other users share about you (signed in user), iii) apps, websites and third party integrations using our Services, iv) sharing with an affiliate of The Meadery L.L.C. or an assignee of HeroesHearth.com, v) sharing with advertisers, measurement, and analytics services (non-personal information only) as well as vendors and service providers, vi) in any additional manner denoted below.
Sharing Your Content and Information
You own all of the content and information you post on HeroesHearth.com, in relation to the following conditions:
? When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time, (but will not be available to others, unless shared or disseminated by others through shared content or on third party services).
? When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We encourage applications and advertisers to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
? When you publish content or information, it means that you are allowing everyone, including people off of HeroesHearth.com, to access and use that information, and to associate it with you (i.e., your name and profile picture).
? We always appreciate your feedback or other suggestions about HeroesHearth.com, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep HeroesHearth.com safe, but we cannot guarantee it. We need your help to keep HeroesHearth.com safe, which includes the following commitments by you:
? You will not post unauthorized commercial communications (such as spam or advertisements) on HeroesHearth.com or promote events at any establishment other than Blizzard Entertainment sanctioned Heroes of the Storm events.
? You will not collect users' content or information, or otherwise access HeroesHearth.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
? You will not engage in unlawful multi-level marketing, such as a pyramid scheme, or promote or solicit the sale of any goods or services on HeroesHearth.com.
? You will not upload viruses or other malicious code.
? You will not solicit login information or access an account belonging to someone else.
? You will not bully, intimidate, or harass any user.
? You will not post content that: is hate speech, threatening, profane, lewd, obscene, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
? You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).
? You will not use HeroesHearth.com to do anything unlawful, misleading, malicious, or discriminatory.
? You will not promote, discuss or recruit to any gang related activities, terrorist organizations or religious affiliation.
? You will not do anything that could disable, overburden, or impair the proper working or appearance of HeroesHearth.com, such as a denial of service attack or interference with page rendering or other heroeshearth.com functionality.
? You will not facilitate or encourage any violations of this Statement or our policies.
? You will refrain from linking to outside websites unless to promote discussion of Heroes of the Storm products or other related electronic or board games.
? You will not promote any commercial interest or any brands that are not in relation to The Meadery L.L.C. Services or sold through or by Blizzard Entertainment.
Registration and Account Security
HeroesHearth.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
? You will not provide any false personal information on HeroesHearth.com or create an account for anyone other than yourself.
? You will not create more than one personal account. If we disable your account, you will not create another one without our permission.
? You will not use your personal page for your own commercial gain, or for the benefit of an employer, or advertisements for such, and will not use a HeroesHearth.com page for such purposes without strict permission by The Meadery L.L.C.
? You will not use HeroesHearth.com if you are under 13 years of age.
? You will not use HeroesHearth.com if you are a convicted sex offender, or have malicious intent of any kind driving your use of HeroesHearth.com or The Meadery Services.
? You will keep your contact information accurate and up-to-date.
? You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
? You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission from The Meadery L.L.C.
? If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same by agreeing to the following commitments:
? You will not post content or take any action on HeroesHearth.com that infringes or violates someone else's rights or otherwise violates the law.
? We can remove any content or information you post on HeroesHearth.com if we believe that it violates this Statement or our policies.
? We will reasonably assist you to protect your intellectual property rights.
? If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
? If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
? You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by The Meadery L.L.C.
? You will not post anyone's identification documents or sensitive financial information on HeroesHearth.com.
? You will not send email invitations to non-users without their consent.
We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on HeroesHearth.com or on whatever page this agreement is located.
Your continued use of the HeroesHearth.com services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of The Meadery L.L.C. Services to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or The Meadery L.L.C. exclusively in the jurisdiction of Minnesota, specifically within the counties or Ramsey, Hennepin, or Anoka, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on HeroesHearth.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on HeroesHearth.com and are not responsible for the content or information users transmit or share on HeroesHearth.com. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on HeroesHearth.com. We are not responsible for the conduct, whether online or offline, of any user of heroeshearth.com.
WE TRY TO KEEP HeroesHearth.com UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING HeroesHearth.com AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT HeroesHearth.com WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT HeroesHearth.com WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. The Meadery L.L.C. IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR The Meadery L.L.C., EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR The Meadery L.L.C. WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, The Meadery L.L.C.'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from HeroesHearth.com or provide data to us.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with HeroesHearth.com.
By "content" we mean anything you or other users post, provide or share using HeroesHearth.com or The Meadery L.L.C. Services.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from HeroesHearth.com or provide to HeroesHearth.com through Platform.
By "post" we mean post or blog on heroeshearth.com or otherwise make available by using HeroesHearth.com.
By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
By Blizzard Entertainment we mean Activision Blizzard, Inc. CIK#: 0000718877. Blizzard Entertainment has no affiliation with HeroesHearth.com, The Meadery L.L.C. or The Meadery Services.
By Heroes of the Storm we mean the computer platform game owned by Blizzard Entertainment named “Heroes of the Storm.”
If you are a resident of or have your principal place of business in the United States of America, this Statement is an agreement between you and The Meadery, L.L.C. References to “us,” “we,” and “our” mean either The Meadery L.L.C., HeroesHearth.com or The Meadery L.L.C. Services, as appropriate.
This Statement makes up the entire agreement between the parties regarding The Meadery L.L.C., and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing HeroesHearth.com and The Meadery L.L.C. Services.
Owned and Operated by The Meadery L.L.C., (a wholly owned asset and subsidiary of The Afternoon Company L.L.C.)
Address: 1425 Lasalle Ave, Minneapolis, MN 55403