Terms of Service | Healthy Gamer
 

Terms of Service

Last Updated: 6/3/2020
 
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”).
 
Please read the terms carefully.
 
HEALTHY GAMER IS A RESOURCE TO HELP PEOPLE UNDERSTAND VIDEO GAMING ADDICTION. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL, 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.
 
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 WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTIONS 17 AND 18 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.
 

  1. The Terms govern your use of the Services. 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.

 

  1. 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 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, you agree to be bound by any modified Terms.

 

  1. Privacy Policy. Our Privacy Policy [https://www.healthygamer.gg/privacy-policy] discusses how we collect, process, and disclose personal information through these Services. Please read that policy carefully. By using the Services, you consent to Healthy Gamer recording your interaction with the Services, including in one-on-one sessions, group sessions, lessons, and other digital or interactive talks.

 

  1. Community Guidelines.

 

  1. Age Restrictions. If you are younger than 13, you may not download or use our Services or access or provide any Content. If you are 13 or older but under the age of 18, you may use our Services 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 13 or older but under the age of 18, you are fully responsible for his or her use of the Services.

 

  1. Legal Entities. If you use the Services 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.

 

  1. 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 recovery coach (“Recovery 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.

 

  1. Recovery
  1. Recovery Coaching. If you are registered for Healthy Gamer’s coaching services, you may interact with a Recovery Coach. Recovery Coaches share success stories, and help users develop skills to achieve their gaming-related goals. You shall not interact with any Recovery Coach except through services approved by Healthy Gamer, which may include Discord, Twitch, and Teachable. Healthy Gamer may, at its sole discretion, replace your Recovery Coach without notice.
  1. Recovery Coach Disclaimer. Recovery Coaches do not provide diagnosis or treatment for any mental health or medical condition. Recovery Coaches do not provide any individualized advice regarding mental or medical conditions or illnesses.
  1. Applying to be a Recovery Coach. If you apply to be a Recovery 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 Recovery Coach Agreement [https://bit.ly/2Xv1PtH].

 

  1. Acceptable Use. You may only use the Services for lawful activity. In addition:
  1. Compliance with all applicable laws and regulations. You must comply with all applicable local, state, and federal laws and regulations.
  1. Manner of Use. You may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
  1. 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.
  1. 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, 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.
  1. You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.
  1. 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.

 

  1. 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:
  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  1. 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;
  1. 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;
  1. 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
  1. 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 [email protected]
 

  1. By using the Services, you grant Healthy Gamer a perpetual, irrevocable, unlimited, worldwide, nonexclusive, sublicensable license for the content you post or share, 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. This license is not limited strictly to content posted on the Healthy Gamer site, but extends to all content arising out of interaction with the Services via third-party platforms. Likewise, you grant Healthy Gamer the right to exercise this license on its own website as well as through our Services on third-party platforms.

 

  1. In providing the Services, we may make materials available to you on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (all of the foregoing, the “Content”). By using the Services, Healthy Gamer grants you a limited right to view or use the Content in connection with the Services, and all other rights in that Content are retained by Healthy Gamer. You acknowledge that the Services, including all associated intellectual property rights, are the exclusive property of Healthy Gamer and its licensors.

 

  1. Third-Party Affiliates. By using the Services, 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.

 

  1. 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 UNINTERUPTED 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.

HEALTHY GAMER DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR ENDORSEMENT, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEGALITY, ACCURACY, QUALITY, OR AUTHENTICITY OF CONTENT, INFORMATION, OR SERVICES PROVIDED BY THIRD-PARTY WEBSITES OR SERVICES. HEALTHY GAMER DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABLITY FOR ANY HARM RESULTING FROM YOUR USE OF SUCH THIRD-PARTY WEBSITES AND SERVICES, AND YOU HEREBY WAIVE ANY CLAIM AGAINST HEALTHY GAMER WITH RESPECT TO THE CONTENT OR OPERATION OF ANY SUCH THIRD-PARTY WEBSITES AND SERVICES. FOR MORE INFORMATION, REVIEW THE TERMS OF USE FOR THOSE THIRD-PARTY WEBSITES AND SERVICES.

BECAUSE SOME STATES DO NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS.
 

  1. Limitation of Liability. HEALTHY GAMER IS NOT LIABLE—AND YOU AGREE TO HOLD HEALTHY GAMER HARMLESS—FOR ANY DAMAGES RELATING TO OR ARISING FROM ANY CONTENT ON 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, 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 AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE TERMS OR THE USE OF THE SERVICES EXCEED FIFTY 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.
 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.
 

  1. 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.

 

  1. Headings: Headings are for convenience only, and do not limit or construe the sections.

 

  1. Entire Agreement. The Terms constitute the entire agreement between you and Healthy Gamer regarding your use of the Services, and supersede all prior written or oral agreements.

 

  1. Reservation of Rights. We reserve all rights not explicitly granted to you.