Terms of Service_June 1 2025 - Google Docs
Terms of Service
Last Updated: June 1,
2025
These Terms of
Service ("Terms") govern your access to and use of the website located at realitycharting.com (the
"Website"), operated by Apollonian Publications LLC
("Apollonian", "we", "us" and "our").
Please read
these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by
these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website.
1. Acceptance of Terms
By creating an
account, accessing, or using the Website, you affirm that you are at least 18 years old and capable of entering
into a binding contract, or if you are under 18, that you have obtained parental or guardian consent to use the
Website and agree to these Terms. You agree that these Terms constitute a legally binding agreement between you
and Apollonian.
2. Changes to Terms
We reserve the
right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will
try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material
change will be determined at our sole discretion. By continuing to access or use our Website after those
revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms,
you must stop using the Website.
3. Access and Use of the Website
● License:
Subject to your compliance with these Terms, Apollonian grants you a
limited, non-exclusive, non-transferable, non-sublicensable, revocable
license to access and use the Website for your personal, non-commercial use.
● User Accounts: If the Website
requires or allows you to create an account, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer. You agree to accept responsibility for all
activities that occur under your account or password. We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders at our sole discretion.
● Prohibited Conduct: You agree not to:
○ Use the
Website in any way that violates any applicable local, national, or international law or regulation.
○ Engage in any conduct that
restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm
Apollonian or users of the Website or expose them to liability.
○ Use the Website in any manner
that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the
Website.
○ Attempt to gain unauthorized
access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is
stored, or any server, computer, or database connected to the Website.
○ Introduce any viruses, Trojan
horses, worms, logic bombs, or other material that is malicious or technologically harmful.
○ Use any robot, spider, or
other automatic device, process, or means to access the Website for any purpose, including monitoring or copying
any of the material on the Website.
○ Impersonate or attempt to
impersonate Apollonian, an Apollonian
employee, another user, or any other person or entity.
○ Upload,
post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically, or otherwise objectionable.
○ Use the Website for any
commercial purposes without our express prior written consent.
4. Intellectual
Property Rights
● Our
Content: The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and arrangement
thereof) are owned byApollonian, its licensors, or other providers of such
material and are protected by United States and international copyright, trademark, patent, trade secret, and
other intellectual property or proprietary rights laws.
● User-Generated Content: If
the Website allows you to post, upload, publish, submit, or transmit content ("User Content"), you
retain any intellectual property rights that you hold in that User Content. However, by making any User Content
available on or through the Website, you grant to Apollonian a worldwide,
non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable license to use, copy, modify,
create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit in any
manner such User Content in all media formats and channels now known or hereafter devised (including in
connection with the Website and Apollonian's business and on
third-party sites and services), without further notice to or consent from you, and without requirement of
payment to you or any other person or entity.
● You represent and warrant
that: (i) you are the sole and exclusive owner of all User Content that you make available on or through the
Website or you have all rights, licenses, consents, and releases that are necessary to grant to Apollonian the rights in such User Content, as contemplated under these
Terms; and (ii) neither the User Content nor your
posting, uploading, publication, submission, or transmittal of the User Content or Apollonian's use of the User Content (or any portion thereof) will
infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral
rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in
the violation of any applicable law or regulation.
5. Disclaimer of
Warranties
THE WEBSITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER APOLLONIAN NOR ANY PERSON ASSOCIATED WITH APOLLONIAN MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF
THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER APOLLONIAN NOR ANYONE ASSOCIATED WITH APOLLONIAN REPRESENTS
OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST
EXTENT PROVIDED BY LAW, APOLLONIAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE.
6. Limitation of
Liability
TO THE FULLEST
EXTENT PROVIDED BY LAW, IN NO EVENT WILL APOLLONIAN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE
PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT
OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON
THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING
DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Indemnification
You agree to
defend, indemnify, and hold harmless Apollonian, its affiliates, licensors, and service providers, and its and
their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and
assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your
use of the Website, including, but not limited to, your User Content, any use of the Website's content,
services, and products other than as expressly authorized in these Terms, or your use of any information
obtained from the Website.
8. Third-Party Links
The Website may
contain links to third-party websites or resources. You acknowledge and agree that Apollonian is not responsible
or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or
services on or available from such websites or
resources. Links
to such websites or resources do not imply any endorsement by Apollonian of such websites or resources or the
content, products, or services available from such websites or resources. You acknowledge sole responsibility
for and assume all risk arising from your use of any such websites or resources.
9. Governing Law and
Jurisdiction
All matters
relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each
case, including
non-contractual disputes or
claims), shall be governed by and construed in accordance with the internal laws of the State of Washington
without giving effect to any choice or conflict of law provision or rule.
Any legal suit,
action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively
in the federal courts of the United States or the courts of the State of Washington, although we retain the
right to bring any suit, action, or proceeding against you for breach of these Terms in your country of
residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over
you by such courts and to venue in such courts.
10. Arbitration
At Apollonian's sole discretion, it may require you to submit any disputes
arising from these Terms or use of the Website, including disputes arising from or concerning their
interpretation, violation, invalidity,
non-performance, or
termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration
Association applying State of Washington, USA law.
11. Severability
If any provision
of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such
that the
remaining provisions of the Terms will continue in full force and effect.
12. Entire Agreement
The Terms and
our Privacy Policy constitute the sole and entire agreement between you and Apollonian regarding the Website and supersede all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
13. Your Comments and
Concerns
All feedback, comments, requests for technical support, and other communications relating to
the Website should be directed to: support@realitycharting.com.