GENERAL TERMS AND DEFINITIONS
As used in these Terms Of Service, "HEROPLOT", "We", "Us", "Our", "Ours" and "Ourselves" refers to the company and legal entity, HeroPlot (referred to as "HEROPLOT" herein). Registered at Solveien 56A, 1394 Nesbru, Norway. The use of "You", "Your" and "Yours", refers to you (the User) of any service provided by Us to You.
These General Terms And Conditions are an agreement between You (the user) and HEROPLOT.
These Conditions govern Your use of the Website, unless any special function is accompanied by a separate license, in which case the separate license shall govern.
DEFINITIONS
"We/ Us/ Our/ Ours/ Ourselves" refers to the company and legal entity, HEROPLOT.
"Website" refers to this Website and the websites located at: https://www.heroplot.com and: https://www.heroplot-multiverse.com and any other URLs which may replace it/ them or which may be added to the list of websites published by HEROPLOT.
"Store" refers to the set of services and online facilities that provide inventory of, and the ability to purchase, physical and virtual products and services, otherwise referred to as "OFFICIALLY LICENSED MERCHANDISE" from HEROPLOT.
"Server" refers to the collective physical hard drives, operating systems and networking software services, otherwise referred to as "HOST" and/ or "HOSTING" and/ or "HOSTED SERVICES" that provide the infrastructure to enable the Website and Store.
"You/ Your/ Yours" refers to you as a User of the Website.
"Users" refers to the Users of the Website collectively.
"Agreement" refers to the collective terms and conditions offered and defined in the agreements consisting of documents as described in these Conditions and at Privacy Policy. The Agreement shall be deemed concluded when You accept to be bound by these Conditions and the Privacy Policy.
"Conditions or the Terms of Service" refers to these General terms and conditions for the use of the Website and any applicable Special Conditions. Conditions are available at the bottom of the Website or through the link: https://www.heroplot.com/terms-of-service/ or: https://www.heroplot-multiverse.com/terms-of-service/.
"Special Conditions" refers to any additional conditions that apply to these terms and conditions.
"Cookies" refers to small text files which Our Website places on Your computer's hard drive to enable information about Your browsing session and to identify Your computer.
"Personal Information" refers to the details provided by You on registration as well any information regarding behaviour on the Website and any other information submitted by You to Us.
INTRODUCTION
BY ACCESSING OR USING THE WEBSITE YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT ACCESS AND/ OR USE THE WEBSITE.
Subject to Your acceptance of and compliance with these Conditions, We grant You a personal, limited, non-exclusive, revocable and non-transferable license to use the Website solely for Your personal and non-commercial purposes as set forth in these Conditions.
Before You use Our Website, if You have any questions relating to these Conditions, please contact us through: terms@heroplot.com.
This Website contains relevant details and information with respect to HEROPLOT, Our intellectual property and rights, description of Our characters and links to Our social media.
ACCESS AND USAGE
1. Use Of The Website
You are provided with access to this Website in accordance with these Conditions. When using the Website, You are responsible for maintaining the confidentiality of Your account and password (if any) and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password when using Our Website.
You agree to use the Website in a manner that does not cause harm to Us, other Users or third-parties. We reserve the right to terminate or restrict Your access to the Website without prior notice if You violate these Conditions or if You abuse the Website or access the Website to an unusual extent.
We are entitled to prevent access to the Website if We have reason to believe that You are engaged in illegal activity or attempt to compromise other Users, Our data, or security and/ or privacy.
We may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations and/ or authorities so require us to do so. Likewise in the event of other justifiable cause or reason for suspension. We aim to ensure that any suspension is made as short as possible. We reserve the right to cease operating the Website or offering it to the public at our sole discretion and without prior notice.
2. Modifications To The Website
We reserve the right to modify/ withdraw, either temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third-party for any modification to or withdrawal of the Website. In the event of modifications or resulting modifications seen to necessitate changes in Your operating environment or in the event that other/ additional devices are required or otherwise implied in order to maintain Your access to this Website, You shall make such changes at Your own expense.
3. Modification Of These Conditions
We reserve the right to modify and/ or change the Conditions that govern Your use of this Website (or any part thereof) from time to time. Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website and must not access and/ or use the Website.
The most current version of the Conditions is available at: https://www.heroplot.com and: https://www.heroplot-multiverse.com.
4. Feedback
In connection with Your use of the Website You may provide us with suggestions, ideas, reviews, comments, questions and/ or other information and/ or material regarding the Website ("Feedback"). After providing Feedback to Us, You continue to retain any Intellectual Property Rights to the Feedback that You may have. You grant us and our partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works based in whole upon or based inpart upon the Feedback. You acknowledge that You also give to us, without charge, the right to commercialise Your Feedback in any way and for any purpose thatg We deem valid or appropriate. We have no liability for any loss or damage suffered by You as a result in the disclosure or use of such Feedback.
You agree not to provide Us with Feedback that is subject to a third-party license that requires Us to license the Website or the material contained therein to third-parties because We include Your Feedback in the Website. Further, We do not solicit nor wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically requested so by Us. Any Feedback that You submit to Us will be deemed non-confidential or non-proprietary, unless We have specifically stated otherwise. We are not responsible for Feedbacks of third-parties or any materials that are provided by You and/ or third-parties to Us.
GENERAL PROVISIONS
1. License To Use The Website
Through the use of the Website You are acquiring and HEROPLOT grants You a personal, limited, non-exclusive and non-transferable license to use the Website for Your personal, non-commercial use. Your acquired rights are subject to Your compliance with the Agreement. Any commercial use of the Website is strictly prohibited. Notwithstanding this prohibition You are allowed to use the Website in a non-modified form for the purpose of viewing.
2. Restrictions On Use
Your right to use the Website is limited to the license grant above, and You may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Website or any component of it, except as expressly authorised by Us.
You are not authorised to:
- Access, attempt to access, or otherwise use the Website through any technology that causes technical malfunctioning of the Website.
- Make a copy of the Website and use it for selling and/ or distributing Our services, Apps and/ or products.
- Copy, translate, modify, or make derivative works of any part of the Website.
- Reproduce, transmit, publish, display, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, otherwise commercially exploit the Website or make the Website available to third-parties.
- Reverse engineer, attempt to reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part of the Website.
- Delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears on the Website.
- Remove or alter our trademarks or logos or legal notices from the Website.
- Use third-party softwares/ services/ scripts or codes in efforts to mine data from the Website.
In no event may the Website be used in a manner that:
- Harasses, or causes harrassment. Abuses, or causes abuse. Threatens or intimidates. Defames or otherwise infringes or violates the rights of any other party.
- Is unlawful, fraudulent or deceptive.
- Uses technology or other means to access our proprietary information that is not authorized by Us.
- Uses or launches any automated system to access the Website, Store or server by any or other means as defined in the Agreement.
- Attempts to introduce viruses , malware or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment.
- Attempts to gain unauthorised access to Our Website, Store, server or an individual User or Users accounts.
- Encourages conduct that would constitute a criminal offense, or would give rise to civil liability and/ or violate these Conditions and the Agreement.
3. Reservation Of Rights
You have obtained a license to use the Website and/ or Store and Your rights are subject to these Conditions and the Agreement. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only.
4. Copyright And Trademarks
The Intellectual Property Rights in the Website and the materials on or accessible via the Website belong to HEROPLOT or its licensors. This Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Website).
HEROPLOT and the HEROPLOT Logo are trademarks, which belong to Scott Harvey and to which he grants license of use to HEROPLOT.
The characters of HEROPLOT, their designs, logos and origin stories remain the copyright and intellectual property of Scott Harvey and are used under license by HEROPLOT.
HEROPLOT and associated trademarks of Scott Harvey may not be used, copied or reproduced in any way without written consent from HEROPLOT. All trademarks not owned by HEROPLOT are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
For these purposes, "Intellectual Property Rights" includes but is not limited to the following:
- Any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
Wherever and when ever arising, any Intellectual Property Rights are expressed for the full term of each of item.
5. Compliance With Laws And Law Enforcement Agencies
The Website, Server and Store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
6. Indemnity
You agree fully to indemnify, defend and hold Us, and Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including but not limited to, reasonable legal fees, arising out of any breach of the Conditions and/ or the Agreement by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your computer and/ or Your Personal Information.
7. Online Shopping
This Website and other websites owned by HEROPLOT or its licensees may offer online capabilities to purchase products. As to products and services featured on this Website, please note that We make every effort to display as accurately as possible the products and services that appear on this Website. That said, images representing physical and virtual items can differ through the colors, dimensions, and details that You see on your computer monitor and depend upon Your equipment. To this end We cannot guarantee that Your equipment will accurately display the details of Our products and services. By clicking on a product or service of interest You will be redirected to HEROPLOT online store (Store).
As to services featured on this Website, the terms of those service offerings may be specified in a separate General Terms And Conditions that will be provided to You in connection with the service purchased and are seen as supplemented to these General Terms And Conditions and the Agreement.
You must be eighteen (18) years of age or older in order to make any purchases from the Store and in making any purchase You consent to agreeing and abiding by these terms and informing Us that You are at least of eighteen (18) years of age.
We are not responsible and cannot be held responsible or liable in any way for the purchase of any item made by Your account or by details including credit card or other provided by or offered in assocaition with Your account by a user other than You or for consent made to purchase said item or items by a user or users other than you who does/ do not conform to the minimum purchase age-gate.
The Store will provide online stores General Terms And Conditions of use and provide greater general information on delivery, returns and other sales policies.
8. Collection Of Data
For the collection of data, advertising and the use of cookies, please refer to the HEROPLOT Privacy Policy available at https://www.heroplot.com/privacy-policy/.
9. Limitation Of Liability And Warranties
While We use reasonable endeavors to verify accuracy of any information We place on the Website, We shall not be responsible for and We disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any third-party, as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any information contained on the Website, Your personal information or material and information transmitted over our system.
In particular, neither We nor any third-party or data or content provider shall be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
In addition, We do not make any warranty or representation that information on the Website, Server or Store is appropriate for use in any jurisdiction.
Except as expressly provided in these Conditions, We disclaim any and all warranties of any kind, whether expressed or implied to the fullest extent permissible under all applicable law in all applicable territories.
We will not be liable, held liable, in contract, tort (including, without limitation, negligence), pre-Agreement or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings).
- Any loss of goodwill or reputation.
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
This Section does not affect Your statutory rights as a consumer, nor does it affect Your Agreement Cancellation Rights as a User.
10. Survival And Severability
If any part of the Conditions or the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and the Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions or the Agreement in total. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Conditions and the Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
11. Entirety Of Agreement
These Conditions together with the Privacy Policy and any Specific Conditions govern Our relationship with You and concluded Agreement. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not in any way affected by these Conditions.
The Term of these Conditions and Privacy Policy shall commence on the date that You start using the Website and shall end on date You stop using the Website and/ or the Agreement is fulfilled or We terminate these Conditions and Privacy policy, whichever is earlier.
12. Applicable Law
These Conditions, the Privacy Policy and the Agreement are concluded in English language. The Conditions and Privacy Policy shall be governed by and construed in accordance with the laws of Norway.
In the event of dispute You agree to abide by the rulings of Norwegian law and those of the municipality in which HEROPLOT is located.
HEROPLOT Terms Of Service, v1.1, updated July 2021.