Terms of Usage and Privacy Policy
WEB SITE TERMS AND CONDITIONS
HeadCase Humanufacturing, Inc.
Date of Last Revision: April 1, 2007
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of HeadCase Humanufacturing, Inc. ("HeadCase"), located at www.HeadCaseLabs.com www.apophony.com www.apophonyLabs.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with HeadCase, or its subsidiaries or affiliates, for products, services or otherwise.
HeadCase reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
This Site is intended solely for Users who are thirteen (13) years of age or older, and any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. The Company may terminate your account, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.
All other questions or comments about the Site or its contents should be directed to info@headcaselabs.com
1. Privacy Policy
Please refer to our Privacy Policy for information on how HeadCase collects, uses and discloses personally identifiable information from its users.
2. Copyright and Limited License
(a) Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the HeadCase logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of HeadCase or its licensors or users and are protected by U.S. and international copyright laws.
(b) Except as otherwise provided in subsection (c) below, you are granted a limited, non-sublicensable license to access and use the Site (except where prohibited without a license) for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (i) any resale or commercial use of the Site or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials, (iii) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof, except as expressly permitted on the Site; (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (vi) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of HeadCase, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
(c) With respect to certain User Content (as defined below) posted on the Site, the owner of such User Content will designate the terms on which other users may use such User Content, and you agree not to use such User Content except in accordance with such license terms.
3. Mobile Communications
HeadCase may from time to time communicate with you through your mobile phone or device, and certain Services and other features on the Site may be made accessible via your mobile phone or device, including the ability to upload content to the Site via your mobile phone, the ability to receive and reply to messages using text messaging, and the ability to browse the Site and access the Services from your mobile phone or through a mobile application you have downloaded and installed on your mobile phone. Please be aware that your carrier's normal messaging, data and other rates and fees will apply to these activities. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain content or features may be prohibited or restricted by your carrier, and not all of the features described above or offered on the Site may work with all carriers or devices. Therefore, you should check with your carrier to find out if the a particular mobile feature or service is available for your mobile device and what restrictions, if any, may be applicable to your use thereof. You agree that we may communicate with you regarding HeadCase, its partners, the Site or the Services by SMS, MMS, text message or other electronic means to your mobile device.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, HeadCase has adopted a policy of terminating, in appropriate circumstances and at HeadCase's sole discretion, registered user accounts of users who are deemed to be repeat infringers. HeadCase may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Cathi Cox
Full Address of Designated Agent to Which Notification Should be Sent: 2658 Griffith Park Blvd #713, Los Angeles, CA 90039-2520
Telephone Number of Designated Agent: +1.323.667.0918
Facsimile Number of Designated Agent: +1.888.243.0466
E-Mail Address of Designated Agent: info@headcaselabs.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
6. Trademarks
HeadCase Humanufacturing, HeadCase Labs, Izatso, The Headlands, Transom, the HeadCase logos and any other product or service name or slogan contained in the Site are trademarks of HeadCase and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HeadCase or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "HeadCase" or any other name, trademark or product or service name of HeadCase without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of HeadCase and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
7. Hyperlinks
You are granted a limited, non-exclusive right to create text hyperlinks from another Web site to the Site for noncommercial purposes, provided such links do not portray HeadCase or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a HeadCase logo or other proprietary graphic of HeadCase to link to this Site without the express written permission of HeadCase. Further, you may not use, frame or utilize framing techniques to enclose any HeadCase trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without HeadCase's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of HeadCase or any third party.
HeadCase makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of HeadCase and HeadCase is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. HeadCase provides, or allows users to provide, links to third-party Web sites to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by HeadCase of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
8. Third Party Content
HeadCase may provide, or may allow you or other users to provide, content of third parties and links to Web pages of third parties ("Third Party Content") as a service to those interested in this information. HeadCase does not monitor or have any control over any Third Party Content or third party Web sites. HeadCase does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. HeadCase does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
9. Advertisements and Promotions
HeadCase may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than HeadCase, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. HeadCase is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-HeadCase advertisers on the Site.
10. Submissions
As between you and HeadCase, you are the sole and exclusive owner of all User Content (as defined below) that you submit to HeadCase or post to the Site, other than Submissions (as defined below). However, notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, ideas, or other materials you submit to Headcase or post to the Site regarding the Site, HeadCase or HeadCase's products or services (collectively, "Submissions") are non-confidential and You hereby assign and transfer, and will assign and transfer, all Submissions to HeadCase, including all intellectual property rights therein. HeadCase shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Forums & Other Interactive Services or Areas
(a) The Site may include interactive areas or services, such as user pages, avatar galleries, discussion forums, chat rooms, or message boards ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish on or through the Site any of the following:
i. Any message, data, template, information, text, music, sound, photos, graphics, code, or other material (collectively, "User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
ii. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
iii. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
iv. User Content that improperly impersonates or emulates any real-life person, entity or real or personal property (other than yourself, an entity or property you personally own or have rights to so emulate, or a person who has granted you written permission to publish such User Content impersonating him or her, of such permission you agree to furnish a copy to HeadCase upon request) or otherwise misrepresents your affiliation with a person or entity;
v. Unsolicited promotions, political campaigning, advertising or solicitations;
vi. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
vii. Viruses, corrupted data or other harmful, disruptive or destructive files; and
viii. User Content that, in the sole judgment of HeadCase, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose HeadCase or its users to any harm or liability of any type.
In addition, by using any Interactive Areas, you agree to use the tools available on the Site to appropriately flag any User Content you post that is or may be inappropriate for persons under 18 years of age, as described further on the Site.
(b) HeadCase takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is HeadCase liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, HeadCase is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although HeadCase has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, HeadCase reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect HeadCase's systems and customers, or to ensure the integrity and operation of HeadCase's business and systems, HeadCase may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. HeadCase's right to disclose any such information shall govern over any terms of HeadCase's Privacy Policy.
(c) If you post User Content to the Site, unless we indicate otherwise, you grant HeadCase and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use such User Content throughout the world in any media [in connection with the Site and the promotion thereof]. You grant HeadCase and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose. In addition, you grant to HeadCase and its affiliates the right to data mine and analyze any and all User Content on the Site or otherwise submitted to HeadCase, and to use the results of such data mining or analysis in any manner and for any purpose whatsoever. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and grant the foregoing licenses; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
(d) For certain User Content that you post to the Site, you will be required to license such User Content to other users under a Creative Commons license as described on the Site. Other than those licensing terms you choose from the options HeadCase makes available to you, unless we indicate otherwise, you may not designate or impose any other terms or conditions upon a license that you grant directly to other users for such User Content. You represent and warrant that you have all necessary rights to grant any such licenses. If you do not grant or elect to grant any such licenses to users regarding such User Content, the licenses granted by HeadCase to users in these Site Terms, or such other terms as HeadCase may designate, will apply.
12. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your username, password and other identification information, and any codes, keys or passwords that HeadCase sends or makes available to you; (c) maintain and promptly update the Registration Data, and any other information you provide to HeadCase, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to HeadCase, including without limitation due to storing your login credentials on your computer.
13. Indemnification
You agree to defend, indemnify and hold harmless HeadCase, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against HeadCase and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
14. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY HEADCASE, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HEADCASE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. HEADCASE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. HEADCASE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HEADCASE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE HEADCASE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, HEADCASE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
HeadCase reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by HeadCase.
15. Limitation of Liability
IN NO EVENT SHALL HEADCASE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HEADCASE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HEADCASE'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HEADCASE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HEADCASE FOR ACCESS TO OR USE OF THE SITE.
16. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
17. Termination
Notwithstanding any of these Site Terms, HeadCase reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
18. Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Questions & Contact Information
Questions or comments about the Site may be directed to HeadCase at the email address info@headcaselabs.com or by calling us at +1.323.667.0918
