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Terms and Condition

Terms of Use

This web page represents a legal document that serves as the terms of use for our website (“Terms of Use”), www.headout.com and any associated mobile application or website, (collectively, “Website”), as owned and operated by Headout Inc. (“Headout”). 

The last update to our Terms of Use was posted on: https://www.headout.com/terms-of-use

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy https://www.headout.com/privacy-policy, and other posted guidelines within our Website, (collectively “Legal Terms”), constitute the entire and only agreement between you and Headout, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website.

If you do not accept our Legal Terms, you should not access our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.



Definitions

The terms: “us” or “we” or “our” refers to Headout, the owner of the Website.

A “Member” is an individual that has registered with our Website to use our Website’s features. A “Provider” is a Member of our Website that is a business offering tours, activities, and other travel-related goods and services to the general public and has registered with our Website to offer their goods/services. We refer to a Member who purchases goods/services from Providers as a “Customer”.

A “Profile” is an online collection of information provided by a Member about their business if a Provider, or generally about themselves if a Customer.

A “User” is a collective identifier that refers to either a Visitor or a Member.

A “Visitor” is someone who merely browses our Website.

All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid features of our Website, are collectively known as our “Content”. We may refer to Content provided by our Members, whether as part of their Profile or in other postings to our Website, as “Member Content.” When we refer to our Website, our Content is included by reference.

“Event” refers to an event inclusive of, and without limitation, a concert, an exhibition, sports, theatrical and/or musical performances held at a Venue in respect of which we have the right to sell Tickets to a User.

"Tickets" means tickets or other types of evidence (including electronic tickets) for an Event sold by us to you on behalf of the organisation responsible for the Event for the right to occupy space at or to attend an Event.

"Venue" means any facilities or locations of any nature where the Event is being held.

"Us" and "Our" shall be read accordingly. “You” means you or anybody who in Our reasonable opinion is acting with your authority or permission.

"Your" shall be read accordingly. "Promoter" means the person firm or company staging the Event if different from Us and the Venue.

"Group" means group organisers, charities, travel and coach companies or other organisations that We have agreed to sell to knowing that the Tickets are intended for resale.

Incorporation

These Terms and Conditions incorporate and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations, copies of which are available upon request from the Venue. In the event of any inconsistency between the terms in relation to Venue or Promoter requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail. 

Tickets

All Tickets are sold subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to purchase and any queries relating to them should be raised with us prior to purchase, as purchase of Tickets constitutes acceptance of these Terms and Conditions.

A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket. It is Your responsibility to check Your Tickets as if you have made a mistake it cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake. 

We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets. For example for non-seated events where there is a possibility of both the original and duplicate tickets being used, compromising the licensed capacity of the venue. Duplicates may therefore be issued at the discretion of the Promoter or the Venue acting reasonably. If duplicates are being issued, a reasonable administration charge may be levied. We and the Promoter reserve the right to provide alternative seats at an Event to those specified on the Ticket if the staging of the Event reasonably requires, provided they are of no less value to that stated on the Ticket. Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required. Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trade marks, logos and/or intellectual property appearing on the Ticket.

Price and payment

The price of the Ticket shall be the price set at the time We accept Your order. All prices set are inclusive of any applicable taxes. No order will be accepted until We have received full payment. 

Delivery

When collecting Your Tickets from the Venue box office, You must have Your acknowledgement of order and the credit/debit card used to make the order with You. You will be able to collect Your Tickets up to 2 hours prior to the start of the Event.

Changes to Event

The organiser of the Event and/or the Venue reserves the right to make alterations to the published Event programme where reasonably necessary.

Refunds/exchanges

 

Except where We can offer an applicable Ticket exchange at a fee or resale facility, Tickets cannot be exchanged or refunded after purchase unless the performance is cancelled or rescheduled (subject to below) or where there is a material change to the programme of Event. Where an Event is cancelled or rescheduled (subject to below) by the Venue or Promoter, where an Event is cancelled or rescheduled due to circumstances beyond Our control, or where there is a material change to the programme of the Event, You will be entitled to claim a refund from Us in accordance with this clause. A ‘material’ change is a change which, in Our reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. 

The use of understudies in a theatre performance shall not be a material change. Where an outdoor Event is cancelled or curtailed because of adverse weather, We shall not be liable to make any refund or pay any compensation beyond the refunds that may be payable under the Venue’s or Promoter’s rules. Where such a refund is sought You must bring this to Our attention as soon as possible upon becoming aware of such change, cancellation or where the Event has been rescheduled, prior to the rescheduled Event. The refund for Tickets equals at least the face value price paid or, if the face value has been reduced by the organiser, the discounted face value price paid in accordance with the STAR Code of Practice. In order to claim Your refund, please apply in writing to Your point of purchase, enclosing Your complete unused Tickets, if received, promptly (e.g. within 3 months from the date of the Event). Refunds shall only be made to the person who purchased the Tickets and, when possible, be made using the same method as was used to purchase the Tickets except, at Our discretion, where payment was made by cash. These Terms and Conditions do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice, Consumer Direct (http://www.consumerdirect.gov.uk) or the Department for Business Innovation and Skills.

Liability

  1. Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be limited to the refund as set forth in Section 7.
  2. Neither We nor the Venue nor the Promoter will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Our negligence or that of the Venue or the Promoter or other breach of statutory duty.

Cancelled/re scheduled Events

  1. It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, We will use Our reasonable endeavours to notify You using the details You provided Us with at the time of ordering. We do not guarantee that You will be informed of such cancellation before the date of the Event. It is Your responsibility to inform Us of any change to the contact address, telephone number or email address You provide Us with at the time of ordering. 

Use of details and Data Protection

Please see our Privacy Policy.

Resale/use of Tickets and property

You may not re-sell or transfer a Ticket if prohibited by law. In addition, re-sales or transfers of Tickets may be prohibited for certain events subject to the specific terms and conditions of those events (for example but not exclusively limited to charity events or events where age restrictions may apply because of content of the entertainment or licensing requirements). Where a Ticket is offered for resale in line with these terms and conditions, you must provide to the buyer full details of the ticket. Full details include, if printed on the ticket, the block or tier, row and seat number. Buyers must also be made aware of these terms and conditions and any other terms and conditions that are specific to the event. You should check whether any special terms apply before offering a free Ticket for resale. Free tickets are often provided for specific reasons limiting their transferability.

Void Tickets

Any Ticket obtained in breach of these Terms and Conditions shall be void and all, rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action. Void Tickets are non-refundable.

Restrictions on the purchase of tickets

Tickets may be restricted to a maximum number. Any such restriction shall be notified to You at the time You book the Tickets. We reserve the right to cancel Tickets purchased in excess of this number and without the Agent’s agreement, without prior notice unless the purchase of an excess was due to Our error.

Conditions of Admission

Tickets may be restricted to a maximum number. Any such restriction shall be notified to You at the time You book the Tickets. We reserve the right to cancel Tickets purchased in excess of this number and without the Agent’s agreement, without prior notice unless the purchase of an excess was due to Our error.


Restrictions and prohibitions

The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of an Event in breach of these conditions shall belong to the Promoter. The Promoter and Venue will not be liable for any loss, theft or damage to confiscated items. By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. The Promoter may use such films and recordings (including any copies) without payment. Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing material’s. Mobile telephones and messaging equipment must be switched off during the Event. Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted unless within a designated smoking Area (if any). Terms and Conditions The following are not permitted within any Venue: 1) animals (with the exception of guide dogs); 2) laser pens 3) Your own food and drink (unless permitted by the Venue); 4) bottles, cans or glass containers (unless permitted by the Venue); 5) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and 6) illegal substances. The management of the Venue reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the management of the Venue, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above. Every effort shall be made to admit latecomers to Events at a suitable break in the Event, which may be the interval, but late admission cannot be guaranteed. Ticket holders may only leave and re-enter the Venue during an Event at the discretion of the management of the Venue. Otherwise, there will be no re-admission or pass-outs of any kind. The obstruction of gangways, access-ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to stands or seats for which You do not hold a Ticket is strictly forbidden.

Health and Safety

Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event. If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects.

Dispute Resolution

If any dispute arises out of these Terms and Conditions, We will attempt to settle it. To this end We shall use Our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties. If We are unable to settle any dispute by negotiation and you are not satisfied with our final response, You may attempt to settle it through Alternative Dispute Resolution (ADR) and can contact The Society of Ticket Agents and Retailers (STAR). We are members of STAR and they provide a free and approved dispute resolution service for customers of STAR members. This does not restrict Your rights to pursue court proceedings. You can reach STAR on 01904 234 737, or +44 1904 234737 if calling from outside the UK (10am-5pm Monday to Friday), or by completing the complaints form or email info@star.org.uk. If You’ d prefer to write to them, their address is: Society of Ticket Agents and Retailers PO Box 708 St Leonard's Place York YO1 0GT As an online trader, pursuant to European Union legislation, You may use the following link to the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage where You can access further information about online dispute resolution.

Waiver

If We delay or fail to enforce any of these Terms and Conditions It shall not mean that We have waived our right to do so.

Assignment

We shall be entitled to assign any of Our rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected.

Severability

If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.

Third Parties

Any person, other than the Venue or Promoter, not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case onlyWe, the Venue, the Promoter and You (or your assignees permitted hereby) have rights and obligations under this contract.

Force Majeure

Any person, other than the Venue or Promoter, not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case onlyWe, the Venue, the Promoter and You (or your assignees permitted hereby) have rights and obligations under this contract.

Amendments and variations

We intend to rely on the written terms set out here in this document as well as the written terms and conditions of the Venue and the Promoter. You should read the terms and conditions carefully before entering into the contract to ensure that they contain everything that You consider has been agreed. If they do not then you should speak to any member of staff. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless both You and We agree and it is preferable that this is in writing).

No Partnership or Agency

Nothing in these Terms and Conditions and no action taken by You or Us under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between You and Us beyond the relationship created under these Terms and Conditions.

Entire agreement

These Terms and Conditions, and the terms and conditions of the Venue and the Promoter and any specially agreed terms constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties. Each of the parties agrees that it has not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not) other than as expressly set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

 

Limited License

Headout grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms. Your use of our Website is solely for the purposes as provided herein.

Our Relationship to You

Headout is strictly does NOT enter into any other relationship with you, other than that of an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Headout, other Users, or our affiliates.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Headout reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

 

Eligibility and Registration for Membership

You may view some of our Content without becoming a Member of our Website. However, to use our Website, you may have to register and become a Member. Your membership is not transferable or assignable and is void where prohibited. You certify that you are at least age 18 years of age or older. If you are between the ages of 13 and 18, you certify that you have your parent’s permission to join our Website and become a Member. You may not access this website if you are under the age of 13.

By registering as a Provider, you are certifying that you are a legitimate tour or travel-related business and that you are the actual owner or authorized representative of the business and have the right to register your business with our Website.

Any registration by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms. You agree to and to abide by all of the terms and conditions of our Legal Terms. Headout has the sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will create a username and password that will allow you to access our Website. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security regarding your account or information. You agree that Headout shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.


Information From Children

We do not knowingly solicit, collect or retain information from any individuals under the age of 13.

Providers and Sales of Goods/Services

As a Provider, you can upload information about your business, including address, phone, hours of operation, and other such relevant information. By uploading such information, you warrant to Headout that such information is true to the best of your knowledge and is not in any way malicious, libelous, or otherwise illegal for you to transmit to our Website.

Our Website offers Providers the opportunity to sell their products and services through our Website. This service is strictly as a convenience to our Members and in no way means that Headout endorses a specific Provider, guarantees their products/services, or that Headout participates in any way in the sale of such products/services. Any purchases of products/services that a Customer may make through our Website are strictly between the Provider and Customer. By interacting through our Website as Provider and Customer, you both agree that at all times, you will look to each other for any issues or information related to such sale of products/services, including, but not limited to, costs, scope of services, product features, payment terms, late or non-payment issues, delivery dates, shipping information, refunds, exchanges, and warranties.

As a Provider, if you contact Customers outside our Website with correspondence, you agree to abide by such Customers’ requests to be removed from future correspondence. If we receive complaints that you are failing to do so, we reserve the right to terminate your Profile at our sole discretion with no notice to you.

Member Content

As a Member, any information you upload to our Website is considered Member Content. By uploading Member Content, you warrant to Headout that you have legal right, whether by ownership, license, or otherwise, to transmit, display, and use the underlying associated text and/or images. You are solely responsible for insuring that you do not infringe the rights of any third parties in such Member Content and for any legal damages caused by your transmission, use, or display of Member Content.

You understand Member Content may contain material that someone may consider offensive, indecent, or objectionable. We have no control over Member Content provided by Members and do not in any way guarantee the quality, accuracy or integrity of such Member Content. Headout is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Headout will submit all necessary information to the proper authorities.

If your Member Content is reported to Headout as being in violation of third party rights (i.e. copyrights), or is reported as offensive or inappropriate, we may ask you to retract or otherwise modify the questionable Member Content within 24 hours of being notified by Headout. Should you fail to comply with such a request or should Headout otherwise deem it necessary, Headout has full authority and sole discretion to remove the offending Member Content, restrict your ability to post further Member Content, and in our sole discretion, to immediately terminate your account without further notification to you.

You acknowledge that Headout is NOT liable for loss or damage to Member Content nor do we warrant that we may have a backup of your Member Content. You should always maintain your own backup copies of Member Content.

Headout does not make any ownership claims to your Member Content other than as noted within our Legal Terms. However, by uploading Member Content, you grant Headout a perpetual, world-wide, royalty-free, irrevocable license to use, display, and redistribute your Member Content in any form we see fit.

Digital Millennium Copyright Act Compliance

If you believe that your work has been copied on our Website, or any of our other systems or networks in a way that constitutes, please provide the following information to Company for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c)(3)):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Headout can be contacted at:

By Mail: Headout Inc.

Attn: Suren Sultania

1501 Broadway, 43rd street

New York, NY 10036

By E-mail: support@headout.com

Headout will only respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Member Conduct

As a Member, you agree not to use our Website to do any of the following:

  • upload, post or otherwise transmit any Member Content that:
    • violates any local, state, federal, or international laws.
    • infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
    • harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
    • links directly or indirectly to any materials to which you do not have a right to link.
    • contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers
    • contains Website viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Website or hardware or telecommunications equipment, or to extract information from our Website.
    • contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
    • you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
    • in the sole judgment of Headout, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose Headout, our affiliates, or our Users to any harm or liability of any type.
  • use our Content to:
    • develop a competing Website or help anyone else to do the same.
    • create compilations or derivative works as defined under copyright laws.
    • re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
    • decompile, disassemble or reverse engineer our Website and any related Website.
    • use our Website in any manner that violates our Legal Terms or any local, state, federal, or international laws.
  • use your account to:
    • allow another person to login as you.
    • violate any local, state, federal, or international laws.

 

Intellectual Property

Our Website may contain our trademarks as well as those of Providers, our affiliates, and other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such trademark, without the prior written permission of the corresponding trademark owner. Our Website is also protected under international copyrights. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Content or Website. As mentioned, we do not claim ownership of your Member Content, but by providing it to our Website, you do not receive any other rights in our Content other than what belongs to you already.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your Website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may contain links to third party websites (“Third Party Websites”). These links are provided solely as a convenience to you. By linking to these Third Party Websites, we do not create or have an affiliation with, or sponsor such Third Party Websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such Third Party Websites. Headout has no control over the legal documents and privacy practices of third party websites; as such, you access any such Third Party Websites at your own risk.

Warranty Disclaimer

Headout reserves the right to change any and all Content and features of our Website, at any time without notice. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. Headout assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member Content. Headout is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will Headout be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.

OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HEADOUT, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. HEADOUT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE. HEADOUT DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HEADOUT. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.

Limitation of Liability

Headout, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website.

HEADOUT AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HEADOUT AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.

IN NO EVENT WILL HEADOUT OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF HEADOUT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HEADOUT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR WEBSITE.

Fees

If at some point you pay to use our Website, you represent and warrant that when you make any payments to Headout for such use:

  • You agree to pay the fees at our then-current prices as posted on our website, including any applicable taxes
  • You agree to provide true and complete credit information;
  • You agree that fee will be honored by your bank or credit card company; AND
  • You agree that if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

All purchases and reservations made on Headout are final and non-refundable. In the event of a cancelation or request for modification of the reservation, Headout and the service providers are not obliged to honor such requests and the entire amount paid is forfeited by the customer.

Refunds, if any, are provided at the sole discretion of Headout and the service providers.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your Profile information and usage information regarding our Website in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) are considered our property. To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant Headout a perpetual, irrevocable, royalty-free, worldwide license to use such Submission as we see fit, in any form whether on our Website or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Indemnification

You agree to indemnify, defend and hold harmless Headout and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, attorneys, advertisers, and affiliates, from any liability, loss, claim and expense, including

Termination of Your Account

You acknowledge that if you violate the terms of our Legal Terms, Headout reserves the right to terminate your account without notice. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to our Website and any Member Content you have provided. You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.

Arbitration

Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Website, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to intellectual property infringement, shall be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted before an arbitrator selected by the American Arbitration Association in New York, NY, USA. The judgment of such arbitrator on award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction within state and federal courts of the State of New York as, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, but the prevailing party may seek return of such arbitration fees and reasonable attorney fees.

 

General Terms

Our Legal Terms shall be treated as though it were executed and performed in New York, NY, USA, and shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Headout under our Legal Terms shall survive the termination of our Legal Terms.