Terms of Service

Date of Last Revision: April 1, 2016

Thank you for using Stefan’s Head. Stefan’s Head is a text message-based service that provides content, products and events (the "Services"). The Services are operated by Stefan's Head, Inc..(together with its successors and assigns, "Stefan's Head, Inc").

Your access and use of the Services constitutes your agreement to be bound by these Terms of Service ("Terms"), which establishes a contractual relationship between you and Stefan's Head, Inc. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Stefan's Head, Inc may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by any future Terms, do not use or access (or continue to use or access) the Services.

The Services

Your Use of Services:

In order to access or use the Services, you may be required to provide current, accurate, identification, contact and other information.

Modifications to Services and Data:

The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup your data as Stefan's Head has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services. Stefan's Head reserves the right to terminate accounts.

Age:

You must be 13 years of age to use the Services, with or without registering.

Conditions of Use

You are solely responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("content") that you transmit or use via the Services. You agree to not use the Services to send or otherwise transmit any content that is unlawful, threatening, unsolicited "junk mail" or spam, contains software viruses or, in the sole judgment of Stefan's Head, restricts or inhibits any other person from using or enjoying the Services, or which may expose Stefan's Head or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information.

Intellectual Property Rights

Services Content, Software and Trademarks:

The Services may contain content ("Services Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Stefan's Head, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part. If you are eligible to use the Services, you are granted a limited license to access and use the Services and the Services Content and to download or print a copy of the Services Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services Content other than as authorized by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Services is the property of Stefan's Head, Inc, our affiliates and our partners (the "Software"). You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.

The Stefan's Head names and logos are trademarks and service marks of Stefan's Head, Inc (collectively the "Stefan's Head Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Stefan's Head or Stefan's Head, Inc. You may not use any of the Stefan's Head Trademarks without our prior written permission.

Third Party Material

Stefan's Head, Inc will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. Stefan's Head does not pre-screen content, but Stefan's Head and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Services, including the right to remove any content that violates the Terms or is deemed by Stefan's Head to be objectionable.

User Content Posted on or through the Services:

You are solely responsible for the content and other materials you send, post on or through the Services or transmit to or share with other recipients (collectively, "User Content"). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant Stefan's Head, Inc and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Services, in any form now known or later developed.

We welcome your comments, questions, suggestions and feedback about the Services ("Submissions")! But be aware that any comments or suggestions you make to Stefan's Head are non-confidential and become the property of Stefan's Head, Inc, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third Party Links and Content

The Services may provide, or third parties may provide, links or otherwise direct users to sites and resources on the Internet. Stefan's Head has no control over such sites and resources and Stefan's Head is not responsible for and does not endorse such sites and resources. Stefan's Head, Inc will 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 content, events, goods or services available on or through such site or resource.

Release

By using the Services you agree to release, discharge and hold harmless Stefan's Head, Stefan's Head, Inc and its subsidiaries and affiliates from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content delivered through the Services. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

Indemnity

You agree to indemnify and hold Stefan's Head and Stefan's Head, Inc Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content sent to or transmitted through the Services, or publicly distributed on the web, your use of the Services, your connection to the Services, your violation of the Terms or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Stefan's Head AND Stefan's Head, Inc ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Stefan's Head AND Stefan's Head, Inc ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Stefan's Head AND Stefan's Head, Inc HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL Stefan's Head OR Stefan's Head, Inc'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Termination

You agree that Stefan's Head in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. Stefan's Head and Stefan's Head, Inc will not be liable to you or any third-party for any termination of your access to the Services.

General

The Terms constitute the entire agreement between you and Stefan's Head, Inc and govern your use of the Services, superseding any prior agreements between you and Stefan's Head, Inc with respect to the Services. 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 will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Stefan's Head, Inc agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Stefan's Head, Inc or Stefan's Head to enforce any provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Your Privacy

At Stefan's Head we respect the privacy of our users and have outlined our collection, use and disclosure of personal information and registration data in our Privacy Policy. By using the Services, you accept and agree with all provisions of the Privacy Policy.