TERMS OF SERVICE
TERMS OF SERVICE
EFFECTIVE DATE: July 18, 2020
Through its Website and associated application software, BigHeads, LLC, (“BigHeads”), provides audio/visual media for You (a “User”) to use (collectively, the “Services”).
These Terms constitute the entire agreement between You and BigHeads and govern Your use of the Services, and they supersede any prior agreements between You and BigHeads.
BigHeads reserves all rights in and to the Services and Content not expressly granted to You under these Terms.
Please read these Terms carefully before using our Service.
By using and/or DOWNLOADING Our Application, ACCESSING Our Website, and/or clicking “Purchase” or other similar button, You acknowledge that You:
• Have read these Terms.
• Understand these Terms.
• Accept and agree to be bound by them.
If You disagree with these Terms, please do not use the Services or Our Website. If at any time You are not willing to be bound by these terms, you should, where applicable:
• Click an “I do not accept” or similar button
• Immediately cease and refrain from accessing or using the Services.
I. LIMITED LICENSE TO USE SERVICES
BigHeads grants you a personal, limited, nontransferable license to use its Services and Content on a personal mobile electronic device that you own or control subject to Your compliance with these Terms.
You agree and understand that You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Services). Any attempt to do so is a violation of the rights of BigHeads and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
Except as otherwise provided in these Terms, you may not distribute or make the Services and/or Content available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Services and/or Content.
The terms of this license will govern any upgrades provided by BigHeads that replace and/or supplement the original Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Except as expressly set forth herein, no other rights or licenses are granted or implied to any BigHeads intellectual property.
II. USE OF DATA
You agree that BigHeads may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, User support, and other services to You related to the Services and Content. BigHeads reserves the right to use this information to improve its products, and/or provide additional services and content to You.
III. CONTENT AVAILABILITY
You agree and understand that BigHeads may, according to its own discretion, alter, update, or otherwise change any of the Content comprising its Services including, for example and not limitation, the pricing, the appearance, quantity, quality, and general availability of any of the digital stickers available for Your use. You agree and understand that some elements of the Content may be replaced or removed entirely from among BigHeads Services. You agree and understand that You may not demand a return of any of the Content which may have been removed.
IV. USER SUBMISSIONS
Neither BigHeads nor any of its employees or agents will be responsible for accepting or considering unsolicited ideas, including ideas for new, modified, or improved services, content, technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to BigHeads or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when BigHeads’s products or marketing strategies might seem similar to ideas submitted to BigHeads. In the event that You, despite Our foregoing request that you not send us your ideas, choose to submit a design for a new or alternative sticker or emoji, or choose to submit other content that You would like to see included among BigHeads’s Services and/or Content, You agree and understand that:
• Your submissions and their contents will automatically become the property of BigHeads, without any compensation or royalty to be paid to You;
• BigHeads may use or redistribute the submissions and their contents for any purpose and in any way.
• There is no obligation for BigHeads to review the submission.
• There is no obligation of BigHeads to keep any submissions confidential.
V. INTELLECTUAL PROPERTY
You agree that the Services, including but not limited to the Content, graphics, user interface, audio clips, and video clips comprising the Services; editorial content; and the scripts and software used to implement the Services, contain proprietary information and material that is owned by BigHeads and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with these Terms.
No portion of the Services and/or Content may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services and/or Content in any manner, and you shall not exploit the Services and/or Content in any manner not expressly authorized.
The BigHeads names, BigHeads logos, and other trademarks, service marks, graphics, and logos used in connection with the Services and Content, are trademarks of BigHeads. You are granted no right or license with respect to any of the aforesaid trademarks.
If you believe that any Content available through the Services infringe a Copyright claimed by you, please contact BigHeads at [email protected]
VI. DISCLAIMERS OF WARRANTIES AND LIMITAITONS OF LIABILITY
Website and Content: We are committed to providing You with reasonably accurate information regarding the availability of Our Services and Content. However, there may be inadvertent technical or factual inaccuracies and typographical errors, including reference to product availability, product descriptions, pricing, and others, from time to time. Therefore, We reserve the right to change the Website and Application Software and make corrections at any time without notice.
No Warranties: Any testimonials, reviews, or other user opinions regarding this Service viewable on this Website or related Social Media are based on individual experiences using this Service. There is no guarantee that you will experience the same level of satisfaction.
In no event will We be liable to You or any party related to You for any damage or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES AND FEATURES ASSOCIATED WITH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY ACKNOWLEDGE THAT USE OF OUR SERVICES IS AT YOUR OWN RISK.
Additionally, BigHeads makes no warranties or representations of any kind regarding any third-party site to which you may be directed or hyperlinked from its Website. Any hyperlinks provided on the Website are included for your convenience only, and BigHeads makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information, products, and/or services provided in such third-party sites. Similarly, we do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on this Website.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
You agree to indemnify, defend, and hold harmless, BigHeads, its affiliates, and their respective officers, directors, employees, agents, licensors, and representatives from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by You. BigHeads reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You agree and understand that You will fully cooperate with BigHeads in asserting any available defenses.
The term of this Agreement shall commence on the date that you install or otherwise use the Application software and/or access Our Website, and ends on the earlier date of either Your removal of the Application software from your mobile electronic devices or BigHead’s termination of this Agreement.
We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms.
IX. CHOICE OF LAW
This Agreement is entered into in Los Angeles County, California. You agree and consent to the exclusive jurisdiction and venue of the state of California and county of Los Angeles for any dispute arising from or related to this Agreement.
This Agreement in all respects shall be governed by and construed according to the laws of the State of California. The venue for any dispute shall be in the County of Los Angeles.
X. DISPUTE RESOLUTION
Any dispute or claim relating in any way to Your use of the BigHeads Website or Application software, or to any of its Services or Content sold or distributed by BigHeads or through www.wehavebigheads.com will be resolved by binding arbitration, rather than in court, conducted by telephone, online or based solely upon written submissions where no in-person appearance is required, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
You agree and understand that BigHeads reserves the right to bring suit in court to enjoin and/or obtain equitable relief for infringement or other misuse of its intellectual property rights.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
You agree and understand that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration You agree and understand that You and BigHeads both waive any right to a jury trial.
You are solely responsible for your interactions with other Users of Our Services and Content. You agree and understand that BigHeads has no obligation to become involved in any way with any disputes between you and other Users but reserves the right to do so at its own discretion.
This Agreement contains the entire understanding the entire understanding and supersedes all prior understanding of the parties hereto relating to the Application software, and cannot be changed or terminated orally.
This Agreement is personal to You and may not be assigned without BigHeads' express written consent.
We reserve the right to modify, terminate, or otherwise amend Services available for any reason whatsoever. We may, in the future, offer new and/or different services and/or features through Our Website, mobile Application software, and any associated Social Media accounts. Such new features and/or services shall be subject to this Agreement.
Our failure to enforce any rights granted by this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Should any term or terms in this Agreement be declared void or unenforceable, such term or terms shall be severed from this Agreement, and such declaration shall have no effect on the enforceability of any remaining terms.
Correspondence regarding these Terms should be sent to [email protected].