Terms of Use

These Terms of Use (“TOU”) will explain how we provide our services to you, and what obligations you have as a user of Chatty Heads, a division of Zuno, Inc.

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’ Obligations to You.

Chatty Heads will do the following:

  • Supply you with access to a mobile and/or online service to enable you to collaborate in creating video montages and sending them to third parties selected by you or your user group (the “Service”).
  • Answer any questions you have regarding the TOU, the Service and the operation of your account.
  • Store your video montages for a period of at least one year following creation. All montages are available for download once created.

What We Ask of Chatty Heads Users.

We ask our users to agree to the following:

  • Read and understand the TOU and let us know if you have any questions.
  • Be aged 13 or over.
  • Use the Service responsibly.
  • Do not allow anyone other than yourself and Chatty Heads to access your account.
  • Use the Service solely for your own benefit and do not sell, lease, assign, lend, hire or gift any part of the Service to any other person without Chatty Heads’ prior written approval.
  • Use the Service only for lawful purposes and without infringing the rights of any User, Chatty Heads or any third party.
  • Comply with all terms of the TOU.

Security and User Privacy

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.

You agree that Chatty Heads and its authorized employees can access your account, including its contents as stated above, or to respond to support queries or technical issues or to fulfill the obligations under this Agreement. To learn more about how the Service deals with privacy then please see the FAQs in the Privacy Policy.

User Information

To register as a Chatty Heads user, you agree to:

  • Provide us with current, complete and accurate information about yourself (the registration data).
  • Maintain and promptly update the registration data to keep it current, complete and accurate.
  • To represent only yourself on the Service, and no other persons, living, dead, or imagined.
  • If Chatty Heads has reasonable grounds to believe your information is not current, or is incomplete or inaccurate, we may suspend or terminate your account. However, we have no obligations to check the accuracy or truthfulness of your registration data.
  • Provide a valid credit card for payment of our use fees.

Refunds

If you were wrongly charged because your video montage malfunctioned you may obtain a refund 60 days after the charge by emailing us at smile@chattyheads.com. There are no other valid reasons for a refund.

User Conduct

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:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
  • Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
  • Create a false or misleading identity of, including, but not limited to, a Chatty Heads employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
  • Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  • Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right (‘Rights”) of any party or infringes any intellectual property law or any other applicable law.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail”, ‘spam”, ‘chain letters”, ‘pyramid schemes”, or any other form of such solicitation.
  • Interfere with another user”s use and enjoyment of the Service.
  • Chatty Heads has no obligation to monitor the Service or any user’s activity.

Chatty Heads's Proprietary Rights

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.

Disclaimer of Warranties

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:

  • That the Service will meet your requirements.
  • That the Service will be uninterrupted or error-free, timely or secure.
  • That defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
  • That the use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
  • That the content of the Service input by other users is correct or accurate.

LIMITATION OF LIABILITY

YOU AGREE THAT CHATTY HEADS SHALL NOT BE RESPONSIBLE OR LIABLE FOR:

  • UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
  • ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT CHATTY HEADS SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER CHATTY HEADS HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
  • CONDUCT OF ANY OTHER USER OR ANY INFRINGEMENT OF ANOTHER”S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
  • ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
  • DAMAGES FOR LOSS OF USE;
  • DATA GOODWILL;
  • PROFITS, OR OTHER INTANGIBLE LOSSES;
  • ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
    • USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES;
    • DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES;
    • PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
    • SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE;
    • ERROR;
    • OMISSION;
    • INACCURACY;
    • INTERRUPTION;
    • DELETION;
    • DEFECT;
    • DELAY IN OPERATION OR TRANSMISSION;
    • COMPUTER VIRUS;
    • COMMUNICATION LINE FAILURE;
    • THEFT;
    • DESTRUCTION OR UNAUTHORIZED ACCESS;
    • ALTERATION;
    • WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF CHATTY HEADS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
    • IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
    • AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF CHATTY HEADS TO ITS USERS SHALL BE LIMITED TO THE TOTAL FEES PAID BY THE INDIVIDUAL USER TO CHATTY HEADS.

Indemnification

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.

Modification and Termination of 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.

Modification to the TOU

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.

TOU Violations

Please report any violations of the TOU to Customer Support via smile@chattyheads.com.

Entire Agreement

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.

Governing Law

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.