Terms and Conditions
Last updated: 9/2/2020
AGREEMENT AND SERVICES
When you access a High Desert Pure Offering, send e-mails or electronically chat with High Desert Pure, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the High Desert Pure Offerings. You agree that all agreements, notices, disclosures and other communications that High Desert Pure provides to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the High Desert Pure Offerings. Content standards may vary depending on where you are within a High Desert Pure Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game
play, and submitting any content, such as a review or post to any forums or message boards, within a High Desert Pure Offering.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the High Desert Pure Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. High Desert Pure does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any High Desert Pure Offerings. High Desert Pure does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the High Desert Pure Offerings. You agree to indemnify High Desert Pure and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the High Desert Pure Offerings.
- Posting, transmitting, promoting, or distributing any content that is illegal.
- Harassing or threatening any other user of a High Desert Pure Offering or any employee or contractor of High Desert Pure.
- Impersonating another person, indicating that you are a High Desert Pure employee or a representative
of High Desert Pure (if you are not), or attempting to mislead users by indicating that you represent High Desert Pure in any way.
- Attempting to obtain a password, other account information, or other private information from any other user of a High Desert Pure Offering.
- Uploading any software, files, photos, images or any other content to a High Desert Pure Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program.
- Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any High Desert Pure Offering.
- Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
- Improperly using any game support functions or complaint buttons, or making false complaints or other reports to High Desert Pure representatives.
- Posting or communicating any player’s real-world personal information within a High Desert Pure Offering or by or through a High Desert Pure Offering or any related bulletin board.
- Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
- Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a High Desert Pure Offering, or using or launching any unauthorized script or other software.
- Using a false e-mail address or otherwise disguising the source of any content that you submit within a High Desert Pure Offering, or using tools which anonymize your internet protocol address.
- Interfering or circumventing any High Desert Pure Offering security feature or any feature that restricts or enforces limitations on use of or access to a High Desert Pure Offering.
- Attempting to sell any part of a High Desert Pure Offering, including, without limitation, any virtual
items (if applicable), High Desert Pure accounts and access to them in exchange for real currency or items of monetary or other value.
- Engaging in cheating or any other activity that High Desert Pure deems to be in conflict with the spirit of a High Desert Pure Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any High Desert Pure Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any High Desert Pure Offerings (other than with respect to the information you provide to us in establishing your High Desert Pure account(s), if applicable). You acknowledge that personal information that you communicate publicly within any High Desert Pure Offering may be seen and used by others and may result in unsolicited communications. High
Desert Pure is not liable for any information that you choose to submit or communicate to other users on or through any High Desert Pure Offerings, or for the actions of any other users of any High Desert Pure Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any High Desert Pure Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify High Desert Pure and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant High Desert Pure permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a High Desert Pure Offering, you expressly grant High Desert Pure the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the High Desert Pure Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any High Desert Pure Offerings, or otherwise exploit your participation on or through any High Desert Pure Offerings for any commercial purpose.
High Desert Pure Software
you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the High Desert Pure Software.
HIGH DESERT PURE IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY HIGH DESERT PURE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE HIGH DESERT PURE SOFTWARE, RESIDES WITH YOU.
THIRD PARTY LINKS and THIRD PARTY CONTENT AND
Any and all software, content and services (including advertising) within a High Desert Pure Offering that are not owned by High Desert Pure are “third party content and services.” High Desert Pure acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain High Desert Pure Offerings may include links to sites operated by third parties, including advertisers and other content providers.
Those sites may collect data or solicit personal information from you. High Desert Pure does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
prior to terminating any such account.
INTELLECTUAL PROPERTY RIGHTS
The names and logos, and other graphics, logos, icons, and service names associated with the High Desert Pure Offerings are trademarks, registered trademarks or trade dress of High Desert Pure or its licensors or principals in the United States and/or other countries. High Desert Pure’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of High Desert Pure, or in any manner that is likely to cause confusion among consumers or that disparages or discredits High Desert Pure or any High Desert Pure Offering. The compilation of all content on the High Desert Pure Offerings is the exclusive
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY HIGH DESERT PURE OFFERING IS AT YOUR SOLE RISK. ALL HIGH DESERT PURE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HIGH DESERTPURE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE High Desert Pure OFFERINGS OR HIGH DESERT PURE SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE HIGH DESERT PURE OFFERINGS, HIGH DESERT PURE SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM HIGH DESERT PURE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HIGH DESERT PURE IS TO STOP USING THE HIGH DESERT PURE OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT HIGH DESERT PURE IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A HIGH DESERT PURE OFFERING BY, ANY HIGH DESERT PURE OFFERING USER. IN NO EVENT SHALL HIGH DESERT PURE OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO HIGH DESERT PURE FOR YOUR PARTICIPATION IN ANY HIGH DESERT PURE OFFERING. IN NO CASE SHALL HIGH DESERT PURE OR ITS EMPLOYEES, CONTRACTORS,
OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY HIGH DESERT PURE OFFERING OR HIGH DESERT PURE SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT HIGH DESERT PURE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HIGH DESERT PURE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF HIGH DESERT PURE OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING HIGH DESERT PURE OFFERINGS, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
At High Desert Pure’s request, you agree to defend, indemnify and hold harmless (a) High Desert Pure, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.
EXPORT CONTROL LAWS
Certain High Desert Pure Offerings may be subject to United States and international export controls. By accessing High Desert Pure Offerings, you warrant that you are not located in any country, or exporting any High Desert Pure Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any High Desert Pure Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any
required governmental authorizations.
OTHER LEGAL TERMS
APPLICABLE LAW AND JURISDICTION
STATUTE OF LIMITATIONS