Terms of Service
Last Updated: August 26, 2021
Welcome to Healthy Gamer. The following Terms of Service (the “Terms”) are a binding contract between you and Healthy Gamer (“Healthy Gamer,” “we,” or “us”), and govern the use of our website(s), products, services, and applications (the “Services”) or accessing any music, videos or other content or material that is made available through the Service, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (the "Content").
Please read the terms carefully.
HEALTHY GAMER IS A SUBCLINICAL RESOURCE TO HELP PEOPLE UNDERSTAND THEMSELVES, THEIR THOUGHTS, AND THEIR FEELINGS. IT IS NOT A SUBSTITUTE FOR LICENSED, PERSONALIZED MEDICAL CARE. IF YOU EXPERIENCE AN EMERGENCY, PLEASE DIAL 911. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT HEALTHY GAMER IS NOT A SUBSTITUTE FOR PROFESSIONAL, PERSONALIZED MEDICAL CARE, OR CLINICAL MENTAL HEALTH SUPPORT.
HEALTHY GAMER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, FITNESS, LAWFULNESS, OR OTHER CHARACTERISTICS OF ITS SERVICES OR ANY CONTENT ON ITS SERVICES.
EXCEPT AS PROVIDED BELOW, THE TERMS REQUIRE YOU AND HEALTHY GAMER TO RESOLVE ANY DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. YOU AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SERVICES AND ACCESS TO THE CONTENT WILL BE RESOLVED IN ACCORDANCE WITH THE GOVERNING LAW AND ARBITRATION PROVISIONS SET FORTH IN SECTIONS 20 AND 21 BELOW. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AS SET FORTH UNDER SECTION 22 BELOW.
- The Terms govern your use of the Services and access to our Content. By using the Services, including but not limited to accessing or using Healthy Gamer’s servers, services, websites, or associated Content, you agree to the Terms. If you do not agree to the Terms, do not use the Services or access any Content.
- Healthy Gamer reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. It is your responsibility to check from time to time this website for updates. The date of the last modification will be posted at the beginning of the Terms. By continuing to access or use the Services or Content, you agree to be bound by any modified Terms.
- Service Options. You can find a description of our Service options here, which will explain which Service options are available to you when you create a Healthy Gamer account. Certain options are provided to you free of charge. The Services that do not require payment are currently referred to as the “Free Services”. Some other options require payment before you can access them (“Paid Subscriptions”).
- Payments, Renewals and Cancellations.
a) You may purchase a Paid Subscription directly from Healthy Gamer or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Service and Content for a specific finite time period ("Pre-Paid Period").
b) Healthy Gamer may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), from time to time upon notice to you. Such notice will explain how you can accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
c) Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Healthy Gamer or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by contacting the appropriate Administrators if you purchased the Paid Subscription through Healthy Gamer, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods unless cancellations are made in accordance to the terms of our cancellation policy.
- Age Restrictions. If you are younger than 16, you may not download or use our Services or access any Content. If you are 16 or older but under the age of 18, you may use our Services or access any Content only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is 16 or older but under the age of 18, you are fully responsible for his or her use of the Services.
- Legal Entities. If you use the Services or access any Content on behalf of a legal entity, you represent and warrant that you have the authority to agree to the Terms on behalf of the entity, or that an individual with such authority has agreed to the Terms on behalf of the entity.
- Mental and Medical Health Disclaimer Healthy Gamer is not a substitute for professional, personalized medical care. Under no circumstances will any of your interactions with any Healthy Gamer Coach (“Healthy Gamer Coach”) or anyone who uses the Services be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever. If you believe that you might benefit from personalized medical care related to the issues discussed by Healthy Gamer, Healthy Gamer highly recommends that you seek outside, professional mental health care.
a) Coaching. If you are registered for Healthy Gamer’s coaching services under the standard terms of our Coaching Services Agreement, you may interact with a Healthy Gamer Coach. Healthy Gamer Coaches share success stories, and help users develop skills to achieve their gaming-related goals. You shall not interact with any Healthy Gamer Coach except through services approved by Healthy Gamer, which may include Discord, Twitch, and Teachable. Healthy Gamer may, at its sole discretion, replace your Healthy Gamer Coach without notice.
b) Coach Disclaimer. Healthy Gamer Coaches do not provide diagnosis or treatment for any mental health or medical condition. Healthy Gamer Coaches do not provide any individualized advice regarding mental or medical conditions or illnesses.
c) Applying to be a Healthy Gamer Coach. If you apply to be a Healthy Gamer Coach, you agree to provide, to the best of your ability, accurate information on the application form. Additionally, you acknowledge and agree to be bound by additional terms, including, without limitation, those of the Healthy Gamer Coaching Agreement.
- Acceptable Use; Community Guidelines. You may only use the Services and Content for lawful activity. In addition:
a) Compliance with all applicable laws and regulations. You must comply with all applicable local, state, and federal laws and regulations.
b) Manner of Use. You may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, abusive, or otherwise objectionable. You shall not use the Services or post any User Content that is illegal or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Healthy Gamer or a third party.
c) Exposure to Liability. You agree to not expose Healthy Gamer, the Services, users, or any other third parties to any harm or liability through your use of the Services.
d) Prohibition of Malware, Trojans, Bots, Etc. You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, malicious code, malware or any similar methods or technology. You may not copy, rip, capture, or collect any content on the Services using robots, spiders, scripts, scrapers, crawlers, or any similar tool.
e) Unauthorized Advertisements. You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.
f) Non-Infringement. You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else, including Healthy Gamer and any affiliated services.
g) Unauthorized Use. You shall not copy, redistribute, reproduce, "rip," record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Service or the Content, or otherwise making any use of the Service or the Content which is not expressly permitted under the Terms, any agreement between you and Healthy Gamer, or any applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it.
h) Unauthorized Transfers. You shall not transfer copies of cached Content from any device to another device via any means.
i) Prohibition Against Reverse Engineering. You shall not reverse-engineer, decompile, disassemble, modify, or create derivative works of the Service, Content or any part thereof except to the extent permitted by applicable law.
j) No Circumvention. You shall not circumvent any technology used by Healthy Gamer, its licensors, or any third party to protect the Content or the Service.
k) No Sublicenses Granted. You shall not sell, rent, sublicense or lease of any part of the Service or the Content.
l) Ownership Notices. You shall not remove or alter any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service.
m) Passwords. You shall not provide your password to any other person or using any other person's username and password.
n) Content Creators. We grant permission for creators to show Dr. K's Guide to Mental Health under the following conditions:
- Creators are granted permission to livestream their playthrough of Dr. K's Guide to Mental Health with their communities.
- We ask creators to not upload entire Dr. K's Guide VOD playthroughs on platforms that host files permanently, this can be video platforms like YouTube or file hosting services like Dropbox. Keeping the VOD up on Twitch is acceptable as VODs expire in 14 or 60 days; there is no need to delete it after going offline.
- Making short-form content, defined as less than 30 minutes, as highlights on social media or other video platform, like YouTube, is acceptable so long as the content is transformative to Dr. K's Guide in some way (e.g. having your reactions, commentary, episode choices, etc.)
- Please use this link to show where people can learn more about the guide: https://coaching.healthygamer.gg/guide
For any questions or concerns, please email email@example.com for clarification about our policy.
- Claims of Infringing Content. Healthy Gamer respects the intellectual property of others, and we ask our users to do the same. If you believe that your work is accessible on the Services in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent identified below:
a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a list of such works;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Healthy Gamer to locate the material;
d) Information reasonably sufficient to permit Healthy Gamer to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such notices may be sent to Healthy Gamer’s copyright agent, at firstname.lastname@example.org
- User Content. By using the Services or accessing any Content, you grant Healthy Gamer a perpetual, irrevocable, unlimited, worldwide, nonexclusive, sublicensable license for the content you post or share (“User Content”), including but not limited to, the right to use, copy, display, make derivative works, and other rights under 17 U.S.C. § 106. Accordingly, you represent and warrant that you have all rights, licenses, consents, and releases that are necessary to grant to Healthy Gamer this license to your User Content. This license is not limited strictly to User Content posted on the Healthy Gamer site, but extends to all User Content arising out of interaction with the Services via third-party platforms. Likewise, you grant Healthy Gamer the right to exercise this license for all User Content on its own website as well as through our Services on third-party platforms.
- Limited Content License. In providing the Services, we may make Content available to you on or through the Services. By using the Services, Healthy Gamer grants you a limited, non-exclusive, revocable right to view or to make personal, non-commercial use of the Content in connection with the Services, and all other rights in that Content are retained by Healthy Gamer. You acknowledge that the Services and the Content, including all associated intellectual property rights, are the exclusive property of Healthy Gamer and its licensors. You agree that you are using the Service and Content for your own personal, non-commercial use and that you will not redistribute the Service or the Content.
- Third-Party Affiliates. By using the Services or accessing the Content, you may access third-party websites, information, and services, including but not limited to third-party databases, networks, servers, software, programs, systems, directories, applications, or products. You acknowledge that Healthy Gamer does not control such third-party websites and services, and is not responsible for their content, operation, or use. These third-party services include, but are not limited to, Discord, Teachable, and Twitch. Please review each site’s terms and policies carefully—it is your responsibility to ensure that you comply with those agreements. Please review those terms often as they are subject to change at any time.
- AS-IS WARRANTY; WARRANTY DISCLAIMERS. YOU ACKNOWLEDGE THAT YOU ARE USING HEALTHY GAMER AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” AND HEALTHY GAMER HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. HEALTHY GAMER DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
- Limitation of Liability. HEALTHY GAMER IS NOT LIABLE—AND YOU AGREE TO INDEMNIFY, RELEASE, DEFEND, AND HOLD HEALTHY GAMER HARMLESS—FOR ANY DAMAGES RELATING TO OR ARISING FROM USE OF ANY CONTENT THE SERVICES, USE OF OR INABILITY TO USE THE SERVICES, ACTIONS OR INACTIONS OF USERS OF THE SERVICES, OR OTHER DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO PUNITIVE, CONSEQUENTIAL, EMOTIONAL, INDIRECT OR EXEMPLARY DAMAGES, OR ANY CLAIMS BASED ON LOST PROFITS, DATA, OR GOODWILL. THIS LIMITATION APPLIES WHETHER BASED ON A CLAIM RELATED TO A WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHY GAMER KNEW, SHOULD HAVE KNOWN, OR WAS APPRISED OF SUCH DAMAGES.
IN NO EVENT WILL HEALTHY GAMER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE TERMS OR THE USE OF THE SERVICES OR CONTENT EXCEED FIFTY ($50.00) U.S. DOLLARS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF HEALTHY GAMER AND ITS SUPPLIERS SHALL BE LIMITED TO THE COST OF SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Notices to You. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Healthy Gamer (a) via email (in each case to the address that you provide) or (b) by posting to the website or other Services.
- Enforcement, No Waiver: Healthy Gamer’s failure to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision.
- Assignment. You may not assign or transfer your rights under the Terms, by operation of law or otherwise, without Healthy Gamer’s prior written consent. Any attempt by you to assign or transfer the Terms without such consent will be null and have no effect. Healthy Gamer may assign or transfer the Terms, at its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- Governing Law. Any dispute arising out of or related to the subject matter of the Terms, including those based in contract, tort, or statute, shall be governed by and construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof.
- Arbitration. Any dispute arising from or relating to the subject matter of the Terms, including those based in contract, tort, or statute, shall be finally settled in Suffolk County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from a court of competent jurisdiction. For all purposes of the Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk County, Massachusetts.
- Jury trial waiver, class action waiver: BY ENTERING INTO THESE TERMS, YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. Any adjudication under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.
- Termination. Healthy Gamer may immediately and without notice terminate the Terms and disable your access to the Services if Healthy Gamer at its sole discretion, including if Healthy Gamer determines that: (a) you have materially breached the Terms; (b) you have violated applicable laws, regulations or third-party rights; or (c) such action is needed to protect the safety or property of Healthy Gamer, other users, or third parties. Healthy Gamer has the exclusive right to control the use of the Services, including but not limited to blocking, deleting, delaying, or filtering any content.
Provisions that, by their nature, survive termination of the Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
- Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of the Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms will remain in full force and effect.
- Headings: Headings are for convenience only, and do not limit or construe the sections.
- Entire Agreement. The Terms constitute the entire agreement between you and Healthy Gamer regarding your use of the Services or access to the Content, and supersede all prior written or oral agreements.
- Reservation of Rights. We reserve all rights not explicitly granted to you.