BY VISITING AND USING WWW.HEADIESTGAMES.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE THIS WEB SITE.
Updates to Terms
We reserve the right to change or modify any portion of these Terms, and any policies or guidelines governing your use of the Site, at any time in our sole discretion. Any such changes will be effective immediately upon publication on the Site. We will alert you that changes have been made by indicating at the top of these Terms the date they were last updated. Your continued use of the Site following the posting of such changes or modifications constitutes your acceptance of the updated Terms. You should review these Terms frequently in order to understand the terms and conditions applicable to your use of the Site. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, you must stop using the Site.
Purpose of the Site
Headiest Games provides an online competition testing your skills in accurately predicting what songs a particular artist will perform at a particular concert.
Date and Security
By using the Site, you agree to: (a) provide accurate, current and complete information about you; (b) maintain the security of your password and identification; and (c) accept all responsibility for all activity that occurs under your username. The Site is not intended for use by persons under the age of EIGHTEEN (18). We reserve the right to refuse service, terminate accounts, or remove or edit user content in our sole discretion.
- All materials, text, images, and photos that you post on, transmit through, or link from headiestgames.com, are your sole responsibility.
- You bear all risks associated with, the use of the Site.
- Under no circumstances will Headiest Games be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content made available via the Site.
- Your use of the Site and all content you posted on, transmitted through, or linked from the Site is in compliance with the rules set forth in these Terms and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
- You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other user’s use and enjoyment of the Site.
- You may not upload or publish any content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
- You may not upload or publish any content that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
- You may not upload or publish any content that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
Disclaimer of Responsibility for Third Party Content; Reservation of Rights
Headiest Games takes no responsibility and assumes no liability for any content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, or objectionable material you may encounter. Your use of the Site is at your own risk. We reserve the right, at our sole discretion, to remove, take down, destroy, or delete any content at any time and for any reason, including without limitation, content that we deem inappropriate, offensive, or which we believe may subject us to any liability. We may access, use, and disclose transaction information about your use of our Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of our Site from fraudulent, abusive, or unlawful use of our Site. Any use of the Site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Site.
Proprietary Rights; Copyrights
This Site is protected to the maximum extent permitted by copyright laws and international treaties. The content displayed on or the Site, and selective organization of the same, is protected by copyright, pursuant to copyright laws of the United States and international conventions. Any reproduction, modification, creation of derivative works is prohibited without the express written consent of Headiest Games.
Headiest Games, the Headiest Games logo and any other product or service name or slogan contained in the Site are trademarks of Headiest Games, LLC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Headiest Games, LLC. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Headiest Games, LLC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Headiest Games, LLC. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
Third Party Sites and Content
We may host or provide links to products, Web pages, Web sites and other Content of third parties (“Third-Party Sites and Content”). The inclusion of any link to a Third-Party Site or the hosting of any such Content is provided solely as a convenience to our users and does not imply affiliation, endorsement, approval, control or adoption by us of any Third-Party Site or any Content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third-Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third-Party Sites and Content contained therein at their own risk. 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 Web site to which you navigate from the Site.
Disclaimer of Warranties
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, ANY CONTENT AVAILABLE ON THE SITE AND ANY EMAIL SENT FROM US ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND FROM HEADIEST GAMES, LLC. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE, ANY CONTENT AVAILABLE ON THE SITE OR ANY EMAIL SENT FROM US. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND EXPRESS OR IMPLIED REPRESENTATIONS WITH RESPECT TO OUR SITE OR ANY CONTENT AVAILABLE ON OUR SITE. WE NEITHER REPRESENT NOR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE ON THE SITE OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE NO WARRANTIES, NOR HAVE YOU RELIED ON ANY WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
Limitation of Liability
IN NO EVENT WILL HEADIEST GAMES, LLC, BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY CONTENT AVAILABLE ON THE SITE OR ANY INTERACTION WITH US VIA EMAIL, CHAT OR MESSAGE APPLICATION.
Indemnification and Release
You agree to indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, consultants, contractors, agents, attorneys, employees, and applicable third parties (such as licensors, partners and advertisers) (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against a Indemnified Party, whether successful or not, resulting from or arising in connection with: (a) your use of the Site; (b) your conduct; (c) your violation of any provision set forth in these Terms; (e) your violation of the rights of any third party; and/or (f) your Content.
Headiest Games, LLC reserves the right, in its sole discretion, to terminate your account and your access to the Site, or any portion thereof, and to remove or block access to any user or any user Content at any time without notice for any reason (including, but not limited to, unacceptable Content or for any violation of these Terms) or for no reason.
Consent to Disclose Information
You acknowledge, consent and agree that Headiest Games may access, preserve and disclose your account information (including your name and contact information) and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Headiest Games, LLC, its users and the public.
Governing Law and Jurisdiction
To the maximum extent permitted by law, these Terms are governed by the laws of the state of Minnesota and the United States of America. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, but not limited to, this paragraph.
If any term herein is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Headiest Games, LLC, with respect to the site and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Headiest Games, LLC, with respect to the site.
Updated May 9, 2019. These terms may be updated from time to time. Please check back often.