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coloraboutusTerm Of Use

1. Introduction

This page (together with the documents referred to it) tells you the terms of use ("the Terms") on which you ("the User") may use our service (the Service) which includes our website (www.heywatchout.tv), email notifications, applications, ads, commerce service and our other services. The terms "we", "us", and "our" refer to Heywatchout.tv. Please read these Terms carefully. Your access to and use of the Service are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.

2. General

You are responsible for your use of the Service, for any content you post to the Service, and for any consequences thereof. Most content you upload, post, or display through the Service is public by default and will be able to be viewed by other users and through third party service and websites. You should only provide content that you are comfortable sharing with others under these Terms You agree not to use our service to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website's network or security features or to gain unauthorized access to our systems. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service that we provide are always evolving and the form and nature of the Service that we provide may change from time to time. We reserve the right to make any modifications to the Service, including terminating, changing, suspending or discontinuing any aspect of the Service at any time, without prior notice to you. We also retain the right to impose additional rules or limits on the use of the Service at our sole discretion at any time without prior notice to you. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Service or for any service, content, feature or product offered through the Service. You agree to review the Terms regularly and your continued access or use of the Service will mean that your acceptance of and compliance with the Terms. The Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or any other information. The types and extent of advertising by us on the Service are subject to change. In consideration for us granting you access to and use of the Service, you agree that we and its third party providers and partners may place such advertising on the Service or in connection with the display of content or information from the Service whether submitted by you or others.

3. Use of the Service

You may access any part of the Service provided that it is not password protected. Access to some parts of the Service is only available if you have a valid password. You may not access these areas without a valid password or do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. You are not allowed to upload any content or material including text based annotations and comments, which contain any of the following: • material which is defamatory of any person; • material which is pornographic, obscene, indecent or offensive; • material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; • material inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party We reserve the right to terminate your ability to post on our website and to remove and/or delete any content that we deem violation of our Terms of Service. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

4. Content on the Service

All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. Although we prohibit the uploading of certain types of content to the Service, we may not monitor nor control the content posted. It is possible that the content or other material may appear on the Service which are unlawful or offensive and contravene our restrictions on content set out above. We cannot take responsibility for such content but if you become aware of any such content or material on the Service, please contact us immediately. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or materials posted via the Service. The Service may contain links to third party websites that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party websites. You understand that by using the Service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we 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 Service or broadcast elsewhere. Any use of the content or materials posted via the Service or obtained by you through the Service is at your own risk.

5. Use of the Content

The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Heywatchout.tv, subject to copyright and other intellectual property rights under the law. You are not allowed to use the Service (or to copy or use any content or materials from the Website) for any commercial purpose other than to conduct a commercial transaction with us unless you have our permission. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in the content or materials from any copies taken from the Service.

6. Your Rights

You retain your intellectual property rights to the content you upload, post or display on or through the Service. By uploading, posting or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods without limitation (now known or later developed). You agree that this license includes the right for us to provide, promote, and improve the Service and to make content submitted to or through the Service available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such content on other media and service, subject to our terms and conditions for such content use. Such additional uses by us, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to the content that you upload, post, transmit or otherwise make available through the Service. We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, service or media. You are responsible for your use of the Service, for any content you provide, and for any consequences thereof, including the use of your content by other users and our third party partners. You understand that your content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit content for such use, it may subject you to liability. We will not be responsible or liable for any use of your content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any contents that you submit.

7. Our Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of us and its licensors. The Service are protected by copyright, trademark, and international laws. Nothing in the Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding us, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Account Termination

We will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. We reserves the right to decide whether content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to the Terms stated under section '4.Use of the Service'. We may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

9. Digital Millennium Copyright Act

If you are a copyright owner and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing: • Identification of the copyrighted work claimed to have been infringed • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material • Your contact information, including your address, telephone number and email address you • A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law • A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner • If you are not the copyright owner, a description of your relationship to the copyright owner • A physical or electronic signature of the person authorized to act on behalf of the copyright owner Following receipt of a proper written notice, we will expeditiously remove or disable the allegedly infringing content. We will also notify the person who submitted or posted the allegedly infringing material and provide them with a copy of the copyright infringement notice. Do note that failure to comply with the above requirements will result your DMCA notice to be invalid.

10. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided "as is" without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and service provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the service made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. In no event shall the aggregate liability of the Heywatchout entities exceed the greater of one hundred u.s. dollars (u.s. $100.00) or the amount you paid Heywatchout, if any, in the past six months for the services giving rise to the claim.

11. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

12. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

13. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

14. Headings

Any headings and titles herein are for convenience only.

15. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

16. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or service offered on our website will be resolved in accordance with the laws of the State of California without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

17. Questions or Concerns

If you have any question, comments or feedback, please email to us at contactus@heywatchout.tv or click here.


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