Last modified on 2024-04-04.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Robert Planas Jimenez (hereinafter referred to as THE OWNER; collectively with its affiliates, “Hubbit86”, “StoryMoar” or “We”) consisting of the website available at https://www.storymoar.com, and its network of websites, software applications, and any other products or services offered by Hubbit86 (the “Hubbit86 Services”).
When using the Hubbit86 Services, you will be subject to Hubbit86’s Community Guidelines and additional guidelines or rules that are posted on the Hubbit86 Services, made available to you, or disclosed to you in connection with specific services and features you may be offered. Hubbit86 may also offer certain paid services, which are subject to the Hubbit86 Terms of Sale as well as any additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines (the “Guidelines”) are incorporated into these Terms of Service by reference.
The Terms of Service apply whether you are a user that registers an account with the Hubbit86 Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Hubbit86 Services, you are entering into a legally binding agreement between you and Hubbit86 regarding your use of the Hubbit86 Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Hubbit86 Services.
When using StoryMoar, or any of the Hubbit86 Services, or opening an account with StoryMoar on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
The Hubbit86 Services are not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Hubbit86 Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Hubbit86 Services are also not available to any users previously removed from the Hubbit86 Services by Hubbit86 or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE HUBBIT86 SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE HUBBIT86 SERVICES.
Your privacy is important to Hubbit86. Please see our Privacy Notice for information relating to how we collect, use, and disclose your personal information, and our Privacy Choices on how you can manage your online privacy when you use the Twitch Services.
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Hubbit86 upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Hubbit86, you may not sell, rent, lease, transfer, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Hubbit86 reserves all available legal rights and remedies to prevent unauthorized use of the Hubbit86 Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
StoryMoar may permit you to register for and log on to the Hubbit86 Services via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Hubbit86 collects, uses, and discloses your personal information when you link your StoryMoar account with your account on any third-party service can be found in our Privacy Notice.
Access to the Hubbit86 Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges from third parties that you incur when accessing the Hubbit86 Services.
Hubbit86 may amend any of the terms of these Terms of Service by posting the amended terms and updating the “Last modified” date above. Your continued use of the Hubbit86 Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
For residents of the Republic of Korea, Hubbit86 will provide reasonable prior notice regarding any material amendments to its Terms of Service. All amendments shall become effective no sooner than 30 calendar days after posting; provided that any amendment regarding newly available features of the Service, features of the Service that are beneficial to the user, or changes made for legal reasons may become effective immediately.
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland, who are acting as a consumer (i.e., for a purpose which can be regarded as being outside your trade, craft or profession) (“Consumer”) and have registered a StoryMoar account, Hubbit86 will provide reasonable prior notice of amendments to these Terms of Service. To the extent permitted by applicable law, not canceling your agreement to use the Hubbit86 Services under these Terms of Service before the effective date will be deemed your consent to the amended terms. Where required by applicable law, Hubbit86 will ask for your consent to the amended terms.
The Hubbit86 Services are owned and operated by Robert Planas Jimenez (THE OWNER). Unless otherwise indicated, all content, information, and other materials on the Hubbit86 Services (excluding User Content, set out in Section 8 below), including, without limitation, Hubbit86’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of THE OWNER or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by THE OWNER, by agreeing to these Terms of Service you are granted a limited, non-sublicensable, and non-transferable license (i.e., a personal and limited right) to access and use the Hubbit86 Services for your personal use or internal business use only.
THE OWNER reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Hubbit86 Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Hubbit86 Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Hubbit86 Services, the Materials, or any information contained in them, except as expressly permitted on the Hubbit86 Services; or (f) any use of the Hubbit86 Services or the Materials except for their intended purposes. Any use of the Hubbit86 Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of THE OWNER, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Hubbit86 can terminate this license as set out in 16.
Hubbit86 allows you to create and distribute interactive stories and other digital works; to use services, such as the Lycraft Editor; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Hubbit86 Services (“User Content”).
(i) Unless otherwise agreed to in a written agreement between you and Hubbit86 that was signed by THE OWNER or an authorized representative of THE OWNER, if you create, submit, transmit, display, perform, post, or store User Content using the Hubbit86 Services, you grant Hubbit86 and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, including without limitation for promoting and redistributing part or all of the Hubbit86 Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity and likeness (or other biographical information) that you submit in connection with such User Content. Hubbit86 can exercise these rights in connection with monetizing the Hubbit86 Services. Should such User Content contain the name, identity, likeness (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Hubbit86 and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
(ii) With respect to stories, games and other digital works, the rights granted by you hereunder terminate once you delete such User Content from the Hubbit86 Services, or generally by closing your account, except: (a) to the extent you shared it with others as part of the Hubbit86 Services and others copied, linked, purchased, or stored portions of the User Content (e.g., used an asset you licensed to them); (b) Hubbit86 used it for promotional purposes; (c) for the reasonable time it takes to remove from backup and other systems; or (d) Hubbit86 is required by applicable law to retain it.
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all rights in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. Hubbit86 reserves all rights and remedies against any users who breach these representations and warranties.
Hubbit86 uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Hubbit86 does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Hubbit86 shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Hubbit86 for any such unauthorized copying or usage of the User Content, under any theory. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY HUBBIT86 HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Hubbit86 Services.
You agree that you will comply with these Terms of Service and Hubbit86’s Community Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is unlawful, infringing, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Hubbit86 Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Hubbit86 Services; or perform any other similar fraudulent activity;
iii. send junk mail or spam to users of the Hubbit86 Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
iv. harvest or collect email addresses or other contact information of other users from the Hubbit86 Services;
v. defame, harass, abuse, threaten, or defraud users of the Hubbit86 Services, or collect or attempt to collect, personal information about users or third parties without their consent;
vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Hubbit86 Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Hubbit86 Services, (c) features that enforce limitations on the use of the Hubbit86 Services or User Content, or (d) the copyright or other proprietary rights notices on the Hubbit86 Services or User Content;
vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Hubbit86 Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
viii. modify, adapt, translate, or create derivative works based upon the Hubbit86 Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage the operation of the Hubbit86 Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
x. relay email from a third party’s mail servers without the permission of that third party;
xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by Hubbit86, including but not limited to the Hubbit86 Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Hubbit86 may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Hubbit86, including but not limited to the Hubbit86 Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Hubbit86 Services;
xiii. interfere with or disrupt the Hubbit86 Services or servers or networks connected to the Hubbit86 Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Hubbit86 Services; use the Hubbit86 Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Hubbit86 Services, or that could damage, disable, overburden, or impair the functioning of the Hubbit86 Services in any manner;
xiv. use or attempt to use another user’s account without authorization from that user and Hubbit86;
xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Hubbit86 Services that you are not authorized to access;
xvi. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
xvii. use the Hubbit86 Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Hubbit86 takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Hubbit86 liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Hubbit86 Services. Your use of the Hubbit86 Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Hubbit86 Services will not contain any content that is prohibited by such rules.
Hubbit86 is not liable for any statements or representations included in User Content. Hubbit86 does not endorse any User Content, opinion, recommendation, or advice expressed therein, and, to the extent permitted by applicable law, Hubbit86 expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Hubbit86 reserves the right to remove, screen, or edit any User Content posted or stored on the Twitch Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Hubbit86 Services at your sole cost and expense. Any use of the Hubbit86 Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Hubbit86 Services.
For residents of the Republic of Korea, except in the case where Hubbit86 reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, Hubbit86, and/or its affiliates (for instance, when providing notice harms the security of the Twitch Services), Hubbit86 will without delay notify you of the reason for taking the relevant step.
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, (i) Hubbit86 will only remove, screen, or edit User Content for justified reasons, including without limitation where such User Content violates these Terms of Service or applicable law, and (ii) except where such notice would be unreasonable or legally prohibited considering the specific circumstances of the individual case, Hubbit86 will without delay notify you of the reason for taking the relevant step.
Hubbit86 has the exclusive right to monetize the Hubbit86 Services, including without limitation, the exclusive right to sell, serve, and display advertisements on the Hubbit86 Services. Third-party advertising networks are not allowed to serve advertising through the Hubbit86 Services.
Hubbit86 respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Hubbit86 Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.
STORYMOAR, the StoryMoar logos, and any other product or service name, logo, or slogan used by Hubbit86, and the look and feel of the Hubbit86 Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Hubbit86, and may not be used in whole or in part in connection with any product or service that is not Hubbit86’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hubbit86, without our prior written permission. Any use of these trademarks must be in accordance with the Hubbit86 Trademark Guidelines.
All other trademarks referenced in the Hubbit86 Services are the property of their respective owners. Reference on the Hubbit86 Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
In addition to the User Content, Hubbit86 may provide other third-party content on the Hubbit86 Services (collectively, the “Third-Party Content”). Hubbit86 does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore, to the extent permitted by applicable law, we are not responsible for any Third-Party Content on the Hubbit86 Services.
You are responsible for deciding if you want to access or use third-party websites or applications that link from the Hubbit86 Services (the “Reference Sites”). Twitch does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Twitch Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Hubbit86 or its employees, you acknowledge and agree that Hubbit86 shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
You may terminate your license to use the Hubbit86 Services and this Terms of Service agreement at your discretion at any time by ceasing to use the Hubbit86 Services or, if you are a registered user, by deleting your StoryMoar account. For residents of the European Union or the European Economic Area, or of the United Kingdom, who are acting as a Consumer, you may have a right to withdraw from or cancel the agreement for the use of the Hubbit86 Services under these Terms of Service within a specific cooling-off period. When and how this right may apply is explained in our EU, EEA & UK Consumer Right of Withdrawal Information.
To the fullest extent permitted by applicable law, Hubbit86 reserves the right, without notice and in our sole discretion, to stop providing the Services (or any features) to you or to users generally, to terminate this Terms of Service agreement with you, to terminate your license to use the Hubbit86 Services (including to post User Content), and to block or prevent your future access to and use of the Hubbit86 Services for any reason, including without limitation if: (a) your use of the Hubbit86 Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Hubbit86 Services; or (c) we are unable to continue providing the Hubbit86 Services to you due to technical or legitimate business reasons. Our right to terminate our services, this agreement, and your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Hubbit86 Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Hubbit86 in operating the Hubbit86 Services, or (iv) any content or information transmitted through the Hubbit86 Services, is to terminate your account and to discontinue use of any and all parts of the Hubbit86 Services.
For residents of the Republic of Korea and for residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, except in the case where Hubbit86 reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, Hubbit86, and/or its affiliates (for instance, when providing notice harms the security of the Hubbit86 Services), Hubbit86 will without delay notify you of the reason for its action.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless THE OWNER, Hubbit86, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Hubbit86 Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Hubbit86 Services, any User Content you post, store, or otherwise transmit in or through the Hubbit86 Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Hubbit86 Parties of any third-party claim, and Hubbit86 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hubbit86, and you agree to cooperate with Hubbit86’s defense of these claims. Hubbit86 will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
i. No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS STATED IN SUBSECTION ii. BELOW: (A) THE HUBBIT86 SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY HUBBIT86; (B) THE HUBBIT86 PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE HUBBIT86 SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) HUBBIT86 DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE HUBBIT86 SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) TWITCH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE HUBBIT86 ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE HUBBIT86 SERVICES SAFE, HUBBIT86 CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE HUBBIT86 SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUBBIT86 OR THROUGH THE HUBBIT86 SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
ii. EU/EEA/UK/CH Warranty Rights
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, there are warranty rights under applicable law in case of any non-conformity of digital content and services. Such rights shall remain unaffected by these Terms of Service. In such a case, Hubbit86 offers no further implied or statutory warranties or conditions with regard to digital content and services, and explicitly disclaims all implied warranties and conditions to the maximum extent permitted by applicable law.
You acknowledge that we may change the Hubbit86 Services from time to time without causing its non-conformity, including when needed to comply with applicable law or regulation, or for justified commercial, security, or operational reasons, and including to make any improvements to your access to the Hubbit86 Services.
i. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL HUBBIT86 OR THE HUBBIT86 PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE HUBBIT86 SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM STORYMOAR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HUBBIT86’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HUBBIT86, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE HUBBIT86 SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HUBBIT86 SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, HUBBIT86 SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
To the extent required by applicable law, nothing in these Terms shall restrict our liability for death or personal injuries caused by Hubbit86; for damages caused by Hubbit86’s fraud, willful misconduct, or gross negligence; and for other losses that may not be excluded or limited by applicable law.
ii. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HUBBIT86 AND RECEIVED THROUGH OR ADVERTISED ON THE HUBBIT86 SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
iii. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT HUBBIT86 HAS OFFERED THE HUBBIT86 SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HUBBIT86, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HUBBIT86. HUBBIT86 WOULD NOT BE ABLE TO PROVIDE THE HUBBIT86 SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HUBBIT86 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HUBBIT86 SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
To the extent permitted by applicable law, these Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hubbit86 without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7-9, 12, and 14-16.
The Terms of Service, which incorporate the Guidelines, is the entire agreement between you and Hubbit86 relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Hubbit86 as set forth in Section 6 above.
The Hubbit86 Services are offered by: robert@hubbit86.com