Terms of Service

Overview

Thank you for using Head Puppets. By accessing the Head Puppets Web site ("Site") or using the services offered by Head Puppets ("Services") you acknowledge that you have read, understand and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access the Site or use the Services.

Usage License

Head Puppets grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. Head Puppets reserves the rights to terminate your license to use the Site and Services at any time and for any reason and to charge for commercial usage. We also retain the right to create limits on usage and storage at our sole discretion at any time without prior notice to you.

Acceptable Use Policy

You are solely responsible for your use of the Site or Services, for any information, text, graphics or other materials you post to the Site or Services (Content), and for any consequences thereof.

Head Puppets has adopted the following Acceptable Use Policy in order to assure that the Site and Service are used in a lawful and appropriate manner. While Head Puppets does not ordinarily monitor Content, it reserves the right to investigate reports of misuse of its Site or Services and to protect its property and assets. The following conduct is prohibited:

  • creating or posting harassing, abusive, or threatening clips or messages;
  • creating or posting obscene or pornographic clips or messages;
  • creating or posting defamatory or libelous clips or messages;
  • creating or posting clips or messages in furtherance of unlawful, criminal, or fraudulent activity;
  • creating or posting clips or messages that are otherwise objectionable to Head Puppets;
  • linking to viruses or other harmful, disruptive, or destructive files;
  • attempting to steal passwords or credit card information; or
  • attempting to conceal or misrepresent the identity of the author of clips or messages.

Enforcement

In the event Head Puppets determines, in its sole discretion, that you have violated the Acceptable Use Policy or Terms, Head Puppets shall have the right to immediately terminate your license and account (with or without refund), refuse membership, or block access to the Site or Service, and/or pursue any other remedies available to it under applicable law.

Content on the Site or Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Head Puppets does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site or Services or endorse any opinions expressed via the Site or Services. You understand that whether or not such Content is published or marked private, Head Puppets does not guarantee any confidentiality with respect to any Content. You understand that by using the Site or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Head Puppets be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site or Services or broadcast elsewhere.

Embedded Clips, Widgets and API

Head Puppets provides access to portions of its Site and Services via embedded clips, widgets and an API; for the purposes of these Terms, such access constitutes use of the Site and Services. Head Puppets asks that you use these features respectfully, as outlined in the documentation. Head Puppets reserves the rights to change these features at any time and to disable access to the embedded clips, widgets and the API at any time and for any reason.

Intellectual Property (Trademarks & Copyrights)

Head Puppets, the Head Puppets logo, the Head Puppets characters and the Head Puppets design are trademarks or trade dress of Head Puppets, and may not be used without express written permission from Head Puppets, other than for attribution. All other trademarks not owned by Head Puppets that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Head Puppets.

Head Puppets-originated content included on the Site, such as text, graphics, logos, software and the compilation of all content on the Site, is the property of Head Puppets and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any Head Puppets-originated content is permitted without written permission from Head Puppets.

Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Head Puppets or any third party.

No Warranty and Limitation of Liability

HEAD PUPPETS PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HEAD PUPPETS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.

You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL HEAD PUPPETS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT HEAD PUPPETS HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH HEAD PUPPETS SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

General

You and Head Puppets are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Head Puppets and you.

These Terms supersede any previous agreement and represent the entire agreement between Head Puppets and you. These Terms are governed by the laws of the State of California without reference to conflict of laws principles. Any claim or dispute between you and Head Puppets that arises in whole or in part from your use of the Site or Services shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. If any provision of the Terms is found to be illegal, void or for any reason unenforceable, it shall be deemed severable from and shall in no way affect the validity on enforceability of the remaining provisions of the Terms.

Head Puppets reserves the right to change these Terms at any time. By using the Site or Services, you agree to be bound by any such revisions. We recommend that you periodically check this Site for changes.

The Site and Services are operated and provided by TwinACT LLC, 1299 San Tomas Aquino Rd, Suite 318, San Jose, CA 95117. If you have any questions about these Terms, please contact us.