BY ACCESSING AND USING THE APP, YOU CONFIRM YOUR UNCONDITIONAL ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS, WHICH ARE A LEGALLY BINDING CONTACT BETWEEN YOU AND US. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE APP
Chatty Heads will do the following:
We ask our users to agree to the following:
Please maintain the confidentiality of your password and account. You are responsible for all User accessible activities that occur under your account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
Chatty Heads has put in place security measures to protect against the loss, misuse and alteration of the information collected. Our web servers are locked in cages in a highly secure internet data center. A ‘firewall” (an internet security device) sits between the Chatty Heads website and the internet to help prevent any unauthorized user from accessing any data.
To register as a Chatty Heads user, you agree to:
If you were wrongly charged because your video montage malfunctioned you may obtain a refund 60 days after the charge by emailing us at email@example.com. There are no other valid reasons for a refund.
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by the TOU. By way of example, and not as a limitation, you agree NOT to:
You acknowledge and agree that the Chatty Heads content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by Chatty Heads (collectively the "Content") is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Such Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only in connection with the Service in accordance with the TOU.
Certain of the names, logos, and other materials displayed on the Chatty Heads web site constitute trademarks, copyright and other intellectual property collectively referred to as ‘IP rights” of Chatty Heads. You agree that Chatty Heads retains and owns all right, title and interest in the Content and IP Rights, and that the TOU does not transfer or convey to you any ownership right, title or interest in or to the Content and IP Rights, and that you will not contest or challenge the ownership of the Content and IP Rights. You are authorized to use such Content and IP rights solely for the limited purpose of promoting and using the birthday reminder service hosted by the Service.
The Service is provided on an ‘as is” and ‘as available” basis and the warranties on the part of Chatty Heads contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Chatty Heads, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CHATTY HEADS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
The information and content included in or available through the Service may include inaccuracies or typographical errors.
Changes are periodically added to the information contained with the Service and Chatty Heads and/or its respective suppliers may make improvements and/or changes in the Service at any time.
No advice or information, whether oral or written, obtained by you from Chatty Heads or through the Service shall create any warranty not expressly stated in the TOU.
Except as otherwise expressly provided in the TOU, Chatty Heads does NOT represent or warrant:
YOU AGREE THAT CHATTY HEADS SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
You agree to indemnify, defend and hold harmless Chatty Heads, its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
You agree that Chatty Heads, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Chatty Heads believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Chatty Heads may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice.
Chatty Heads reserves the right to change the TOU or policies regarding the use of the Service at any time.
Chatty Heads reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Chatty Heads shall not be liable to you or any third party for any modification to or discontinuance of the Service.
Please report any violations of the TOU to Customer Support via firstname.lastname@example.org.
These TOU constitute the entire agreement between Chatty Heads and the User and supersede any previous agreement or understanding between Chatty Heads and the User.
These TOU shall be governed in all respects by California law without reference to its conflict or choice of law rules or principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.