Heavy.com is a website owned, operated and maintained by Heavy Inc. (“Heavy”)
HEAVY- TERMS OF SERVICE
HEAVY operates the websites and provides their services therein (The the websites and services are collectively referred to as “HEAVY”) to you, subject to your agreement to abide and be bound by these Terms of Service (“Terms of Service”). These Terms of Service set forth the terms, conditions, rules and regulations which shall apply to your use of HEAVY. Unless explicitly stated otherwise, any new feature that supplements or enhances the current HEAVY sitse or services, shall be subject to these Terms of Service. You understand and agree that HEAVY is provided “AS IS” and WITHOUT WARRANTIES, and that HEAVY assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Before you get started, you should know that HEAVY has been designed to appeal to people over the age of 18. Consequently, the subject matter, language and other content may not be suitable for users under age 18. If you have provided us with information that you are under age 13, HEAVY cannot collect any information from you, personal or otherwise, without the prior approval of your parent or guardian. HEAVY reserves the right to change the TERM OF SERVICE at anytime with or without notice.
By accessing HEAVY, you are entering into an agreement with HEAVY, and accept and agree to be bound by each and all of these Terms of Service. HEAVY may amend, alter and update these Terms of Service, at any time and without notice to you, by posting the amended terms or new Terms of Service on this web site. The amended terms or new Terms of Service shall become effective immediately and automatically upon posting, and you agree to be bound by such amended terms and new Terms of Service.
B. YOUR OBLIGATIONS.
In addition to your other obligations under these Terms of Service and in consideration of your use of HEAVY, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the HEAVY registration form or when otherwise requested, and (ii) maintain and promptly update such personal information to keep it true, accurate, current and complete. If you provide any personal information that is untrue, inaccurate, not current or incomplete, or HEAVY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HEAVY has the right to suspend or terminate your account and refuse any and all current or future use of HEAVY, or any portion thereof.
D. MEMBER ACCOUNT, PASSWORD AND SECURITY.
If you register on HEAVY, you will receive a HEAVY password and identification upon completing the HEAVY registration process for the services portion of HEAVY. You are responsible for maintaining the confidentiality of the HEAVY identification and password and are fully responsible for all activities that occur under your password. You agree to (i) immediately notify HEAVY of any unauthorized use of your HEAVY password or identification or any other breach of security, and (ii) ensure that you exit from your HEAVY identification at the end of each session. HEAVY cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
You agree to not use HEAVY to: (i) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a HEAVY official, or falsely state or otherwise misrepresent your affiliation with a person or entity;(iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the HEAVY; (v) upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights (“Intellectual Property Rights”) of any party; (vii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (viii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of HEAVY are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (x) interfere with or disrupt HEAVY or its servers or networks connected to HEAVY, or disobey any requirements, procedures, policies or regulations of networks connected to HEAVY; (xi) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (xii) “stalk” or otherwise harass another; or (xiii) collect or store personal data about other users. You acknowledge that HEAVY does not pre-screen content, but that HEAVY and its designees shall have the right, but not the obligation, in their sole discretion to refuse or move any content that is available via HEAVY. Without limiting the foregoing, HEAVY and its designees shall have the right to remove any Content (as defined below)that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that HEAVY may preserve content and may also disclose content if required to do so by law or if such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of HEAVY, its users and the public. You understand that the technical processing and transmission of HEAVY, including your content, if any, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
F. INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- You are welcome to post, transmit or submit messages (collectively “Messages”) to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively “Forums”). HEAVY accepts no responsibility whatsoever for claims arising from or relating to such Messages. HEAVY does not endorse and have no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by us prior to posting and do not necessarily reflect our opinions or policies. HEAVY makes no warranties, express or implied, as to the content of Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nevertheless, HEAVY reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove Messages for any reason at any time.
- HEAVY assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time HEAVY chooses, in its sole discretion, to monitor the Forums, HEAVY nevertheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that HEAVY accepts no liability whatsoever if HEAVY prevents your Messages from being submitted or if HEAVY edits, restrict or remove your Messages. You also agree to permit any other user of this Site to access, view, store, or reproduce your Messages for that other user’s personal use and not to restrict or inhibit the use of this Site by any other person.
- Children under the age of 13 are not authorized to post messages or participate in Forums on this Site.
- You agree that all Messages and Submissions (as defined below) submitted by you become HEAVY’s property without compensation to you and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as HEAVY sees fit in our sole discretion.
- You acknowledge and agree that all Messages and Submissions may be routed through HEAVY’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to such Messages and Submission. You acknowledge that the Forums are forums for public and not private communications. Please keep in mind that whenever you disclose personal information online such information can be collected and used by people you don’t know. HEAVY cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
- HEAVY does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to HEAVY. After posting your Content to HEAVY, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through HEAVY, you hereby grant to HEAVY a license to use, modify, edit, compile, publicly perform, publicly display, reproduce, and distribute such Content in any manner throughout the world .
- Without this license, HEAVY would be unable to provide many of HEAVY’s services. The license you grant to HEAVY is non-exclusive (meaning you are free to license your Content to anyone else in addition to HEAVY), fully-paid and royalty-free (meaning that HEAVY is not required to pay you for the use of the Content that you post on HEAVY), sublicensable (so that HEAVY is able to use its affiliates and subcontractors such as Internet content delivery networks or overseas cable providers to show your Content), and worldwide (because HEAVY is global in reach).
- You represent and warrant that: (i) you own the Content posted by you on or through HEAVY or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through HEAVY does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through HEAVY.
- HEAVY contains Content of HEAVY (“Heavy Content”). Heavy Content is protected by copyright, trademark, patent, trade secret and other laws, and HEAVY owns and retains all rights in the Heavy Content and HEAVY. HEAVY hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Heavy Content (excluding any software code) solely for your personal use in connection with viewing HEAVY and using HEAVY.
- HEAVY contains Content of users and other HEAVY licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through HEAVY.
- HEAVY may delete any Content that in the sole judgment of HEAVY violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. HEAVY assumes no responsibility for monitoring HEAVY for inappropriate Content or conduct. If at any time HEAVY chooses, in its sole discretion, to monitor HEAVY, HEAVY nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- The following is a partial list of the kind of Content that is illegal or prohibited to post on or through HEAVY. HEAVY reserves the right to investigate and take appropriate legal action against anyone who, in HEAVY’s sole discretion, violates this provision, including without limitation, removing the offending communication from HEAVY and terminating the membership of such violators. prohibited Content includes, but is not limited to Content that, in the sole discretion of HEAVY:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent; or
- for user profiles, uses of sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
- The following is a partial list of the kind of activity that is illegal or prohibited on HEAVY and through your use of HEAVY. HEAVY reserves the right to investigate and take appropriate legal action against anyone who, in HEAVY’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any user to buy or sell any products or services through HEAVY. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from HEAVY in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, HEAVY reserves the right to restrict the number of emails which a user may send to other user in any 24-hour period to a number which HEAVY deems appropriate in its sole discretion. If you breach this agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through HEAVY, you acknowledge that you will have caused substantial harm to HEAVY, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HEAVY $50 for each such unsolicited email or other unsolicited communication you send through HEAVY;
- covering or obscuring the banner advertisements on your personal profile page, or any HEAVY page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on HEAVY or the networks or services connected to HEAVY;
- attempting to impersonate another user or person;
- using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from HEAVY in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through HEAVY on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using HEAVY in a manner inconsistent with any and all applicable laws and regulations.
You agree to indemnify and hold harmless HEAVY, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, and its successors, licensees and assigns from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content you submit, or transmit through HEAVY, your use of HEAVY, your connection to HEAVY, your violation of the Terms of Service, or your violation of Intellectual Property Rights, or any other rights of another.
J. NO RESALE OF HEAVY SERVICES.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of HEAVY, use of HEAVY, or access to HEAVY.
K. MODIFICATIONS TO HEAVY SERVICES.
HEAVY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, HEAVY (or any part thereof) with or without notice. You agree that HEAVY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the HEAVY.
L. TERMINATION BY HEAVY.
You agree that HEAVY, in its sole discretion, may terminate your HEAVY identification, password, membership (or any part thereof) or use of HEAVY, and remove and discard any content within HEAVY, for any reason, including, without limitation, for lack of use or if HEAVY believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. HEAVY may also in its sole discretion and at any time discontinue providing HEAVY, or any part thereof, with or without notice. You agree that any termination of your access to HEAVY under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that HEAVY may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or HEAVY. Further, you agree that HEAVY shall not be liable to you or any third- party for any termination of your access to HEAVY.
M. DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through HEAVY, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HEAVY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on HEAVY.
HEAVY may provide, or third parties may provide, links to other internet sites or resources. Because HEAVY has no control over such sites and resources, you acknowledge and agree that HEAVY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HEAVY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
O. HEAVY’s PROPRIETARY RIGHTS.
You acknowledge and agree that HEAVY and any necessary software used in connection with the HEAVY site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through HEAVY or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HEAVY or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on HEAVY or the Software, in whole or in part. HEAVY grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not, and do not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to HEAVY. You agree not to access HEAVY by any means other than through the interface that is provided by HEAVY for use in accessing the HEAVY site.
Additionally, users are prohibited from downloading, republication, retransmission, reproduction, or other use of Getty licensed images.
P. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF HEAVY IS AT YOUR SOLE RISK. HEAVY IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEAVY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (ii) HEAVY MAKES NO WARRANTY THAT (a) HEAVY WILL MEET YOUR REQUIREMENTS, (b) HEAVY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HEAVY WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH HEAVY WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HEAVY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEAVY OR THROUGH OR FROM HEAVY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Q. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEAVY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEAVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE HEAVY; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM HEAVY; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON HEAVY; OR (v) ANY OTHER MATTER RELATING TO HEAVY.
R. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either e-mail or regular mail. HEAVY may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on HEAVY.
T. TRADEMARK INFORMATION.
HEAVY’s logos, trademarks and service marks, and other Heavy Inc. logos and product and service names are trademarks of HEAVY (the “HEAVY Marks”). Without HEAVY’s prior permission, you agree not to display or use in any manner, the HEAVY Marks.
U. COPYRIGHTS and COPYRIGHT AGENTS.
HEAVY respects the Intellectual Property of others, and Heavy asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HEAVY the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and e-mail address; (v) 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; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any claims of copyright infringement on HEAVY can be sent to info@HEAVY.COM.
V. GENERAL INFORMATION.
The Terms of Service constitute the entire agreement between you and HEAVY, governs your use of HEAVY and supersedes any prior agreements between you and HEAVY. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and HEAVY shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and HEAVY agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of New York. The failure of HEAVY to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of HEAVY or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms of Service.