Terms of Service

HearthSim Terms of Service

The Gist

We, the folks at HearthSim, are the creators of Untapped.gg, and HSReplay.net, (each individually referred to as a “Site”) the Untapped.gg Companion, Hearthstone Deck Tracker, HSTracker, Arcane Tracker, Lotus Tracker, and many of the tools, services and mobile apps that power the online gaming community (the Sites and any tools, services, and mobile apps individually/collectively referred to as “a” or “the Service” or “Services”). We hope that you like our projects. We want you to use them! However, to ensure your safety and ours, there are limitations on how you may use these Services. These limitations are the Terms of Service.

The last substantive update to this document (excluding formatting changes, typo fixes, etc.) was on 2019-07-19.

1. Terms of Service

These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy (“Privacy Policy”), are a legal agreement between HearthSim, LLC, and its related companies and affiliates (the “Company”, “HearthSim” or “we”) and you (“you”). By using or accessing the Service, or any other websites, APIs, applications, or services offered by the Company (including the HearthSim Referral Program referred to in more detail in Section 5), which are collectively referred to as the “Service,” you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

The Company reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms set forth herein. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service.

2. Access to Service

The Service provides online, desktop, and mobile platforms designed to facilitate the online gaming community and eSports ecosystem. The Service may allow you generate, create, or upload your own original content as well as content and data produced by playing and interacting with the games we support on our platform. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.

You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms, (ii) access any and all non API based services in a manner that sends more request messages to the Service’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.

The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company will make all reasonable efforts to keep the Service online and available, however it makes no guarantees of uptime or reliability. The Company reserves the right to refuse any user access to the Services without notice for any reason or no reason, including, but not limited to, a violation of the Terms.

If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your account(s), but the Company may do so in its sole discretion.

3. Your Account

Use of some of our Services requires an account. You agree that any and all personal information you provide to us is complete and accurate, both at the time of registration and during continued use of our Services. You will be solely responsible and liable for any activity that occurs on your account and/or under your username. You are responsible for keeping your account secure; including, but not limited to, your password should you choose to set one, and any of the third-party account logins, such as Battle.net, Wizards of the Coast, Google, Twitter, Twitch or others, you may use to log in to our Services. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account, by e-mailing us at contact@hearthsim.net. HearthSim will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

4. Responsibility of Users

If you upload or submit any data or information automatically made available by a game client, for example but not limited to, logs, a card collection, a deck composition, in-game economic information (e.g. arcane dust, gold, gems, etc.), item collections and configurations, and/or any data point that you may encounter within the game client (“Gameplay Related Data”) and/or user generated content (“Content”) such as a forum comment, article, image, video stream, link, or guide, or otherwise make (or allow any third party or third party application to make) material available to the Service, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form or media the Content takes, which includes, but is not limited to text, photo, video, audio, structured and unstructured data formats, or code. By using the Service, you represent and warrant that your Content and conduct do not violate these terms.

If you delete Content, HearthSim will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, HearthSim has the right (though not the obligation) to, in HearthSim’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) remove or permanently delete any or all of your Gameplay Related Data and/or Content with or without notice for any reason or no reason, (iii) refuse or remove any Content that, in HearthSim’s sole discretion, violates any HearthSim policy or is in any way harmful or objectionable, or (iv) terminate or deny access to the Service to any individual or entity for any reason or no reason. HearthSim will have no obligation to provide a refund of any amounts previously paid.

5. Payment, Renewal and Referral Program

We will not charge you a fee to use the basic functionality of the Service. However, you may have to pay a fee to use certain features of the Service (“Premium Service”). By electing to purchase a Premium Service you agree to pay HearthSim the monthly, semi-annual, or recurring fee indicated for that Service. Payments will be charged on a pre-pay basis on the day you sign up for the Premium Service and will cover the use of that Service for the indicated period. The price for utilizing these Services will be displayed within the Service.

Unless you notify HearthSim before the end of the applicable subscription period that you want to cancel a Premium Service, your Premium Service subscription will automatically renew and you authorize us to collect the then-applicable subscription fee for that Premium Service. Premium Services can be canceled at any time in the Billing section of your account settings, with the cancellation taking effect at the commencement of the next subscription period.

If you participate in the HearthSim Referral Program (“Referral Program”), referrals of first-time, new users who sign up for the Premium Service may qualify you for a partial credit towards your next purchase with HearthSim. These credits have no cash value, are merely used to reliably calculate Premium Service fee discounts, and cannot be converted into any kind of monetary refund or payment. These credits are not guaranteed to be available for all payment methods. Credits accrued through participation in the Referral Program are non-transferrable and the existence of accrued credits from the Referral Program do not prevent HearthSim from terminating your account at any time in accordance with these Terms. It should also be understood by you that the terms and conditions of the Referral Program can be changed by HearthSim at any time and for any reason, including, but not limited to, terminating the Referral Program, increasing or decreasing the per referral credit value used for calculating discounts, instituting or changing an expiration date for using accrued credits, or changing the conditions for earning referral credit.

The Service is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.

6. Responsibility of Visitors

HearthSim has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, HearthSim does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HearthSim disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Service links, and that link to the Service. HearthSim does not have any control over those non-Service websites, and is not responsible for their contents or their use. By linking to a non-Service website, HearthSim does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HearthSim disclaims any responsibility for any harm resulting from your use of non-Service websites and webpages.

8. Intellectual Property

This agreement does not transfer from HearthSim to you any HearthSim or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with HearthSim. HearthSim, the Hearthstone Deck Tracker, the Untapped.gg Companion, Untapped.gg, HSReplay.net, the HSReplay.net logo, the Untapped.gg logo, the HearthSim logo, and all other trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of HearthSim or HearthSim’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any HearthSim or third-party trademarks.

You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Premium Service provided by the Company, or any derivative works thereof and you agree not to challenge the validity of any of the Company’s intellectual property or the Company’s ownership thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

You further agree that by submitting Gameplay Related Data and/or Content to the Service, by any method, you hereby grant HearthSim a world-wide, royalty-free, perpetual and non-exclusive license to reproduce, analyze, modify, adapt, publish, redistribute and sell the Gameplay Related Data and/or Content, both individual and aggregated from the global player base. This license includes any data, information or creative works which result from and/or are derivative of the Gameplay Related Data and/or Content. Subject to the terms of our Privacy Policy, this license also allows HearthSim to publish the Gameplay Related Data on the website or on third party websites, use the Gameplay Related Data for promotional purposes, gather and publish analytics based on data gathered in the Gameplay Related Data, and provide Premium Services, or any of the other services or products that we offer across any of our Sites or Services. HearthSim commits itself to be transparent about such uses of data, as they are described in our Privacy Policy.

9. Digital Millennium Copyright Act

If you believe that material available on our Site, including any Content hosted on any of our Sites, infringes on your copyright(s), please notify us by providing a DMCA notice. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email.

Please follow these steps to file a notice:

1. Verify that the allegedly infringing material or Content is hosted by the Company. We have no control over third-party websites and/or to material or Content that is not hosted on our servers.

2. Attempt to contact the alleged infringer directly to see if the matter can be resolved directly between you and the user.

3. Send your complaint to dmca@hearthsim.net if the issue cannot be resolved directly with the user. You must include the following:

   • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
   • An identification of the copyrighted work claimed to have been infringed;
   • A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit the Company to find and positively identify that material. For example, we require specific identification of the allegedly infringing user and a link to the specific location that contains the material and a description of which specific portion of the location – an image, a link, the text, etc. your complaint refers to;
   • Your name, address, telephone number and email address;
   • A statement that you have 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,
   • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   • As required by the DMCA, we have a policy to terminate users and/or accounts that we consider to be repeat infringers. Although we don’t share the specifics of our repeat infringer policy, we believe that it strikes the right balance of protecting the rights of copyright owners as well as protecting legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user or account.

10. Feedback

We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send to us any comments, suggestions or recommendations regarding the Service (“Feedback”), particularly through any “Contact” functionality on our Sites or through our Service, you hereby assign to us all rights, title and interest in and to the Feedback. Accordingly, your Feedback will not be subject to any obligation of confidentiality and we will not be liable to you for any use or disclosure of any Feedback. Also, we will be entitled and are hereby licensed to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

11. Termination

HearthSim may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. You may, as the result of termination, lose your account, Content, Gameplay Related Data, credits accrued under the Referral Program, and all information and data associated therewith, as applicable and the Company is under no obligation to compensate you for any such loss. If you wish to terminate this agreement or any accounts on the Service you may have, you may simply discontinue using our Services. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty, disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS”. HEARTHSIM AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER HEARTHSIM NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR SERVICES AT YOUR OWN DISCRETION AND RISK.

13. Limitation of Liability

IN NO EVENT WILL HEARTHSIM, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO HEARTHSIM UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. HEARTHSIM SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

14. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the HearthSim Privacy Policy, with the Terms set forth in this agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You agree to indemnify and hold harmless HearthSim, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of our Services, including but not limited to your violation of the Terms of this agreement.

16. Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

17. Miscellaneous

This agreement constitutes the entire agreement between HearthSim and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HearthSim, or by the posting by HearthSim of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement and any access to or use of our Services will be governed by the laws of the State of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Manhattan County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.

The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorney’s’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HearthSim may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

18. Terms of Service License

These Terms of Service were adapted from the Automattic Terms of Service, which are made available under a CC-BY-SA 4.0 license.

We thank the folks at Automattic for this initiative, and license the HearthSim Terms of Service under the same CC-BY-SA 4.0 license. This means you may adapt these Terms of Service to your service and use them for your own service, under that same license.

Thank you!

Please direct any questions you have to contact@hearthsim.net. We love you. ❤️️