Welcome to our website. This website and all of its affiliated applications are maintained as a service to our customers. By using our website or any of our applications, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms carefully. If you do not agree to these terms, you should not use this website or any of our applications.
- Agreement. This Term of Use agreement (“the “Agreement”) specifies the terms and conditions for access to and use of RandomBreakfast.com and any of its affiliated applications (the “Services”). This Agreement may be modified at any time by Random Breakfast, Inc. (the “Company” or “us” or “our”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of this Agreement at any time at [insert the link here]. Each use by you, of the Services, shall constitute and be deemed your unconditional acceptance of this Agreement.
- Services. The Services are provided as an integration of exercise and physical activity into your gaming to provide a healthier alternative to traditional gaming.
- Ownership. All content included in the Services is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights laws. Any copying, redistribution, use or publication by you of any such content or any part of the Services is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Services.
- Authorizations. When you register with us to use the Services, you may opt to register using a third-party identification and login service, for example, you may login using your Facebook account. If you use a third-party registration application, you agree to allow us to communicate as necessary with the third-party provider to authenticate your identity and to allow us to access information regarding your account that the third-party shares with us. Furthermore, there may be instances where you use the Services in conjunction with other third-party websites or applications. By accepting this Agreement, you authorize us to communicate and share information regarding you, as is required to properly use the Services as integrated with the third-party.
- Intended Audience. This website is not intended for any children under the age of 13. If you are under the age of 13, you may not use the Services. By using the Services you represent and warrant that you are at least 13 years old.
- Services Use. The Company grants you a limited, revocable, nonexclusive license to use the Services solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials from the Services, reverse engineer or break into the Services, or use materials, products or services in violation of any law. The use of the Services is at the discretion of the Company and the Company may terminate your use of the Services at any time.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Services. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify, defend and hold the Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or your use of the Services.
- Disclaimer. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
USE OF THE SERVICES MAY INCLUDE PHYSICAL ACTIVITY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE STARTING ANY EXERCISE PROGRAM. YOU SHOULD ALSO START ANY EXERCISE PROGRAM IN A GRADUAL AND SENSIBLE MANNER AND CONTACT YOUR PHYSICIAN IMMEDIATELY IF YOU SUSPECT YOU HAVE BEEN INJURED. THE COMPANY DOES NOT PROVIDE THE SERVICES AS MEDICAL ADVICE OR RECOMMENDATIONS. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND TREATMENT. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY INJURY THAT RESULTS FROM USE OF THE SERVICES.
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR SERVICES USE, OR THE SERVICES CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT IS TO CEASE ALL OF YOUR SERVICES USE.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS YOUR INTENTION THAT THE FOREGOING RELEASE AND DISCHARGE SHALL BE EFFECTIVE AS A BAR TO ALL CLAIMS OF WHATEVER CHARACTER, NATURE, AND KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, HEREINABOVE SPECIFIED TO BE SO BARRED. IN FURTHERANCE OF THIS INTENTION, YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU, IF ANY, BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Services;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Services can be reached as follows:
By E-mail: firstname.lastname@example.org
- Applicable Law. You agree that the laws of the state of Utah, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and the Company or its affiliates.
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
- Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.
- Relationship of the Parties. Nothing contained in this Agreement or your use of the Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain responsible for its own actions.