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.