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TERMS OF USEWelcome to the HEADZUP.TV website (“Site”). PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by Headzup Entertainment L.L.C. (referred to as “HEADZUP”). “You” are the person or entity using the Site. By using this site, you acknowledge your agreement to be bound by these TERMS. If you do not agree to be bound by these TERMS, please do not use the site. HEADZUP may in its sole discretion change, modify, add, or remove portions of these Terms at any time. If you do not agree to abide by these or any future TERMS, your only recourse is to immediately cease use of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new TERMS. It is your responsibility to regularly review these TERMS. These TERMS were last updated on October 20, 2004. USER CONDUCTYou understand that the Site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the Site in any manner that could damage, disable, overburden or impair the Site. COPYRIGHTSAll content on the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either Copyright ©2004, Headzup Entertainment L.L.C., or are the proprietary property of HEADZUP affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission from HEADZUP. If you desire additional rights not authorized herein, you may seek copyright clearance by writing to:
Legal Department TRADEMARKSTrademarks on the Site (including but not limited to, ZUP, HEADZUP, ICHICKEN, IRUBBERCHICKEN, and HANDZUP), are either trademarks or registered trademarks of HEADZUP or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HEADZUP. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of HEADZUP or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HEADZUP. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners. SOFTWAREAny software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through the Site may be used by you solely for accessing and using the Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to HEADZUP. HEADZUP retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software. LINKED SITESThe Site may provide, or third parties may provide, links to other World Wide Web resources. Because HEADZUP has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. OWNERSHIP OF SUBMISSIONSHEADZUP asks you and other entities not to send HEADZUP any original creative materials such as photographs, videos, stories or character ideas, comic strip ideas, or original artwork. While HEADZUP values users’ feedback on this site, HEADZUP requests that users be specific in their comments on the site, and not submit any creative ideas, suggestions, or materials. If users do send HEADZUP creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Information”), the Information shall be deemed to become, and shall remain, the property of HEADZUP. None of the Information shall be subject to any obligation of confidence on the part of HEADZUP, and HEADZUP shall not be liable for any use or disclosure of all or part of the Information. Without limiting the foregoing, HEADZUP shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the world, and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. DISCLAIMER OF WARRANTYHEADZUP AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEADZUP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. HEADZUP ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF HEADZUP, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN. HEADZUP DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEADZUP OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL HEADZUP OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF HEADZUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. INDEMNIFICATIONYou hereby indemnify, defend, and hold HEADZUP, its affiliates and HEADZUP officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these TERMS or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. PRIVACYHEADZUP cares about the privacy of its users. We encourage you to read our Privacy Policy which may be viewed by clicking here. By using the Site you agree to our Privacy Policy. GENERALAgreement:These TERMS constitute the entire Agreement between you and HEADZUP and governs your use of the Site, superseding any prior TERMS agreements between you and HEADZUP. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. HEADZUP’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Choice of Law and Forum:By visiting the Site, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and HEADZUP or its affiliates. Severability:If any of these terms shall be deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Termination:HEADZUP may terminate this Agreement, or terminate or suspend your access to the Site at any time, with or without cause, with or without notice. |
