We are Proudheart Inn (“we”, “us”, or “our”). We provide use of our website accessible at proudheartinn.com, as well as products and services provided through Proudheart Inn (collectively, "Services") to you that are subject to the following Terms and Conditions (the “Legal Terms”).

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Proudheart Inn, concerning your access to and use of our Services. You agree that by accessing our Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using our Services and you must discontinue use immediately.

We are not responsible for the details or disputes related to the hosting or organizing of games, such as disagreements between a game’s players/game masters, the accepting or declining of games requests or game invites, or any other game related matter. We do not accept liability for any loss, damage, or injury related to using our Services. We advise all users to only meet for in-person games in safe, well-known areas, and to let a friend or family member know your whereabouts. If you are under the age of 18, we highly recommend that a guardian joins you at your games for your own safety.

Please read these Terms and Conditions carefully before using our Services, as they contain important information regarding your legal rights and obligations.

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in our Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through our Services.

Except as set out in this section or elsewhere in our Legal Terms, no part of our Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of our Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@proudheartinn.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of our Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to our Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Please review this section and the “Prohibited Activities” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through our Services.

By directly sending us any question, comment, suggestion, idea, feedback, or other information about our Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By using our Services, you represent and warrant that:(1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you will not access our Services through automated or non-human means, whether through a bot, script or otherwise; and (3) you will not use our Services to perform any activities prohibited under the “Prohibited Activities” section below.

In order to access and utilize the full range of our features, you are required to create an account (your “Account”). When creating an Account, you must provide information that is true, accurate, current, and complete. It is your sole responsibility to maintain the confidentiality of your Account login credentials, including your username, email address, and password. You are strictly prohibited from sharing your Account or login credentials with others or transferring your Account to a third party. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of our Services (or any portion thereof).

To ensure compliance with online safety standards and regulations, we impose specific age requirements for users with respect to accessing our Services. You must be at least 13 years old to create an account and use our Services. If you are under the age of 18 or otherwise the age of majority in your jurisdiction, you are required to obtain consent from a parent or legal guardian before using our Services, who must agree to these Legal Terms on your behalf. We also highly encourage a parent or legal guardian to be present with you for any organized games you participate in, especially if the game is in-person.

You are solely responsible for all activities that occur under your Account, regardless of whether or not you have authorized such activities. You must immediately notify us at contact@proudheartinn.com if you become aware of any unauthorized use of your Account or any other security breach.

You acknowledge and agree that we are not liable for any loss or damage arising from your failure to comply with these obligations.

We strive to be a friendly and safe environment for our users, so you are prohibited from selecting a username that is offensive, vulgar, or obscene. Additionally, you cannot choose a username that includes someone else’s name, a brand name, or trademark without authorization.

You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify us of any unauthorized use of your password.

You may not access or use our Services for any purpose other than that for which we make our Services available. Our Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Our Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on our Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “User Content”). User Content may be viewable by other users of our Services and through third-party websites.

By sharing User Content on our Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services and our (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of our Services a non-exclusive license to access your User Content through our Services, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of our Services and under these Legal Terms.

While we strive to foster a respectful and welcoming community, it is possible that you may encounter other users’ User Content that you find offensive, upsetting, or objectionable.

We do not pre-screen or monitor User Content, and as such, do not guarantee that you will not encounter material of this nature. By using our Services, you acknowledge and agree that we are not responsible for, and do not endorse, User Content. You further agree that we are not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such User Content available on or through our Services.

If you encounter any User Content which is in violation of these Legal Terms, please report it to us at contact@proudheartinn.com or through any reporting tools offered by our Services, such as reporting a user or game.

We do not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. We are not liable for any statements or representations in your User Content provided by you in any area on our Services. You are solely responsible for your User Content to our Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.

We reserve the right, but are not obligated, to remove any content that we determine, at our sole discretion, violates these policies or otherwise is harmful to the community, our Services, or our brand.

These Legal Terms shall remain in full force and effect while you use our Services. Without limiting any other provision of these legal terms, we reserve the right to, at our sole discretion and without notice or liability, deny access to and use of our Services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in our Services or delete any content or information that you posted at any time, without warning, at our sole discretion.

Upon termination or suspension, regardless of the reasons, your right to use our Services ceases immediately, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of our Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, suspension, or discontinuance of our Services.

There may be information on our Services that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Services at any time, without prior notice.

We cannot guarantee our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Services during any downtime or discontinuance of our Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support our Services or to supply any corrections, updates, or releases in connection therewith.

Our Services may contain links to third-party websites, services, or content for promotional purposes. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services we link to. Links to such websites or services do not imply any endorsement by us of such websites or services. We expressly disclaim any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services, that appear on any third-party website or application.

You acknowledge and agree that your use of third-party sites and content is at your own risk and subject to the terms and conditions of use for such sites. We are not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

These Legal Terms shall be governed by and defined following the laws of the State of Idaho. Our failure to enforce any right or provision of these Legal Terms will not be considered a waiver of those rights. If any provision of these Legal Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Legal Terms will remain in effect. These Legal Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding our Service. Proudheart Inn and yourself irrevocably consent that the courts of Idaho shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

You and Proudheart Inn agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Latah County, Idaho to resolve all Disputes that are not subject to arbitration under this section. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures. You and Proudheart Inn agree that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration agreement. The arbitrator, and not any court, will have the exclusive authority to resolve any Dispute, including the arbitrability of any claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over such award.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO OUR SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of our Services with whom you connected via our Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to our Services for the purpose of managing the performance of our Services, as well as data relating to your use of our Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

These Legal Terms and any policies or operating rules posted by us on our Services or in respect to our Services constitute the entire agreement and understanding between you and us. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of our Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Supplemental terms and conditions or documents that may be posted on our Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of our Services after the date such revised Legal Terms are posted.

If you have any questions or concerns about these Terms and Conditions, please contact us at: contact@proudheartinn.com