The Headwink Application Terms and Conditions of Use (“Agreement”) applies to the entirety of the Headwink mobile application, headwink.com, and onuview.com (“App”) provided by Onuview, LLC. (hereafter “Headwink”, “we”, “our”, or “us”)
In compliance with the Children’s Online Privacy Protection Act of 1998, Headwink does not accept membership registrations from users who are under 13 years of age. By registering with Headwink, you represent that you are at least 13 years old.
Your acceptance of terms and conditions
By using and/or visiting this App, you agree as follows:
- You understand and intend that this Agreement is legally binding and the equivalent of a signed, written contract;
- You will use this App in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as the terms and conditions may be amended by Headwink from time to time; and
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT, PLEASE DISCONTINUE ALL FURTHER USE OF THIS APP.
Headwink’s license to you
Headwink grants you a single, non-exclusive, non-transferable and limited personal license to access and use this App. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense this App and, if you sell or otherwise transfer a device on which the application is installed to a third party, you must remove the Application from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of this App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with this App).
Use of Headwink’s services
The following requirements apply to your use of this App:
- You will not collect or store any Headwink data and/or Headwink user data from this App through any means, including but not limited to the use of humans and/or bots to crawl, scrape, harvest and/or extract such information.
- You will not use this App for any commercial purpose not expressly approved by Headwink in writing. You will not use this App to transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
- You will not upload or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
- You will not use this App when you are driving a motor vehicle, even if doing so is legally permitted in your location.
No unlawful access.
In addition, you agree that you will not use this App in any manner that could in any way disable, overburden, damage, or impair or otherwise interfere with any other party’s use and enjoyment of this App. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of this App.
Personal and non-commercial use limitation.
This App is for your personal and non-commercial use, unless otherwise specified. You may not use this App for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Headwink.
- The Headwink App may now or in the future permit the submission of photo or other content submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Headwink does not guarantee any confidentiality with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Headwink to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the App and these Terms of Service.
- Headwink does not claim ownership of User Submissions. However, with respect to User Submissions or content you make available for inclusion on publicly accessible areas of the Service, you grant Headwink worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service in connection with the Headwink App and Headwink’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Headwink App (and derivative works thereof) in any media formats and through any media channels. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Headwink removes such Content from the Service.
- In connection with User Submissions, you further agree that you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Headwink all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Headwink or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business;
- impersonate another person.
- Headwink does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Headwink expressly disclaims any and all liability in connection with User Submissions. Headwink does not permit copyright infringing activities and infringement of intellectual property rights on its App, and Headwink will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Headwink reserves the right to remove Content and User Submissions without prior notice. Headwink also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Headwink may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Security of data transmission and storage
General. The Headwink App is owned by Onuview LLC., and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Headwink or its affiliates or agents. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Headwink Nothing contained in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in this App without the written permission of Headwink, or such third party that may own the trademarks displayed in this App. Your use of the trademarks displayed in this App, or any other content in this App, except as provided herein, is strictly prohibited. Images. Images displayed through this App are either the property of Headwink, or used with permission from partners, agents and/or affiliates of Headwink You are prohibited from using or authorizing the use of these images unless specifically and contractually permitted by Headwink Any unauthorized use of the images that may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes are strictly prohibited. All contents of this App are: Copyright © 2018 Headwink All rights reserved. Copyright Dispute. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed if such claims are reported to our Designated Copyright Agent identified below. Please provide us with a written notice either by email or mail containing the following information: Contact Information
- Your name
- Telephone number
- Email Address
Copyright Work Information
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent via mail or email: ATTN: Headwink Copyright Compliance 2443 Fillmore St #380-4057 San Francisco, CA 94115 United States firstname.lastname@example.org
Disclaimer of warranties.
HEADWINK, PROVIDES THIS APP “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS APP IS WITH YOU.
Exclusion of all damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEADWINK ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THIS APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEADWINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEADWINK, AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE APPLICATION OR ANY OTHER MATTER RELATING TO THE APPLICATION.
You agree to indemnify and hold Headwink and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Owner or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Application.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Headwink.