Terms And Conditions - Psyclops HQ - It's All in Your Head

PSYCLOPSHQ Terms of Service

Last Modified October 4, 2008

Introduction

This PSYPCLOPSHQ™ website, located at www.psyclopshq.com, is owned and operated by PSYCLOPS LLC, a California limited liability company (referred to from time to time as the "Company", "we", "us" or "our"). The word "Site" means the website and the content, services, features and information that the Company offers to users on the website. The Company provides the Site to you subject to the following Terms of Service (referred to as the "Terms"). The Terms are a legal agreement between the Company and you covering your use of the Site. From time to time, the Company may introduce new features that make the Site better and those features will be considered part of the Site and subject to the Terms.

By using the Site, you agree to follow the Terms. If we think it is right to do so, we may change the Terms without telling you beforehand. Please continue to check the Terms when using the Site to see if any changes were made. The "Last Modified" date at the top of the Terms will indicate when the latest changes were made. By continuing to use the Site after the Terms have been changed, you are agreeing to the changes.

IF YOU ARE UNDER 18 YEARS OF AGE (OR UNDER THE AGE OF MAJORITY IF THE AGE OF MAJORITY IS DIFFERENT IN YOUR JURISDICTION) PLEASE REVIEW THE TERMS WITH YOUR PARENT OR LEGAL GUARDIAN. YOUR PARENT OR LEGAL GUARDIAN MUST ACCEPT THE TERMS ON HIS/HER OWN BEHALF AND ON YOUR BEHALF. "YOU" REFERS TO YOU, THE PARENT OR LEGAL GUARDIAN, AND YOU, THE CHILD.

You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site.

General Features

In order to use the Site, you are required to (a) create a username (which should NOT be your real name) and password and (b) provide your parent's email address to the Company. Your parent will receive an email notifying them of your use of the Site and the Site's collection of personally indentifiable information from you (see the Site's Privacy Policy for more information regarding this procedure). You will also be asked whether you have purchased a PSYCLOPS iPod® case (a "Case"). If you have purchased a Case, you will be asked to provide a code found inside the Case, at which time, you will receive a free premium membership which entitles you to additional features on the Site (as discussed below). If you have not purchased a Case, you will be still be permitted to access the General Features of the site. The Site permits users to (a) make certain customizations to the appearance of various PSYCLOPS character (each, an "Avatar"), (b) create music using various combinations of pre-composed musical elements (i.e., beats, melodies, etc.) available on the Site and (c) create a 32-second animated movie of your Avatar dancing to the music that you created based on various combinations of dance moves available on the Site (collectively, the "General Features").

My PSYCLOPS Page Features

Case holders and visitors, will be permitted to use the General Features of the Site as well as various additional features, including, without limitation:

a) You may save your Avatar, music and movie onto your My PSYCLOPS Page for future use.

b) You may download the movie as a Quicktime® file onto your computer for various uses (including, without limitation, importing the movie into your iPod®). Please note that the Company and the Site are not affiliated with, or sponsored or endorsed by, Apple Inc.®

c) You may email hyperlinks to your friends which will link back to you movie on your My PSYCLOPS Page.

d) You may post hyperlinks on Facebook®, Myspace® or other social networking sites which will link back to your movie. Please note that the Company and the Site are not affiliated with, or sponsored or endorsed by, Facebook® or Myspace.com

e) You may post messages for view by other users in the user Forum (as discussed below).

My PSYCLOPS Page Memberships

There are two types of memberships for My PSYCLOPS Pages. The first is a free, premium subscription that each purchaser of a Case is eligible to receive as discussed above. With this subscription, the user will have access to the General Features of the site as well as a number of premium elements. The second is a free visitor membership for a My PSYCLOPS Page which will give the user access to the General Features only.

Certain products or additional services may be offered for sale on the Site from time to time. In the event you wish to purchase or to subscribe for any goods or services of any kind, you will be asked by the Company to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide the Company with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases on the Site. Neither the Company nor any of its subsidiaries, affiliates, vendors or agents shall knowingly pass your information to any third party in a manner in which it could be used to identify you without the Company first notifying you and obtaining your prior consent. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. All charges are billed in U.S. Dollars and are subject to other fees which the institution issuing your credit card may impose.

PLEASE NOTE THAT THE ONLY ACCEPTED METHOD OF PAYMENT IS BY CREDIT CARD PAYMENTS USING YOUR VISA, MASTERCARD OR AMERICAN EXPRESS CREDIT CARD. YOU AGREE TO NOTIFY THE COMPANY IMMEDIATELY IN WRITING OR VIA THIS CUSTOMER SERVICE AT info@PSYCLOPSHQ.com IF YOUR CREDIT CARD INFORMATION CHANGES.

Your right to purchase goods or services is conditional upon the Company's receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, the Company reserves the right to immediately and without notice, either suspend or terminate your access and account.

The Company may suspend or terminate your membership and your ability to use the Site or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever, without refund.

Materials on the Site, Proprietary Use

You acknowledge that all materials on the Site, including, but not limited to, Avatars, music, movies, designs, graphics, text, pictures, software and other files and the selection and arrangement thereof (the "Materials"), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by the Company and/or its suppliers or licensors, all rights reserved. Except as expressly authorized by the Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit or otherwise use any of the Materials in any form or by any means, without the prior written permission of the Company or the respective copyright owner. The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Site (including, without limitation, PSYCLOPS™ and PSYCLOPSHQ.com™) are the sole property of the Company and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of the Company and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Company and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of the Company. The Company will enforce its intellectual property rights to the fullest extent of the law.

The Forum

The Site features a Forum, which is an area that offers the opportunity for users to post messages for viewing by other Site users. You acknowledge that the Forum and the features offered therein are for public and not private communications, and that you have no expectation of privacy with regard to any message posted on the Forum. The Company cannot guarantee the security of any information you disclose through any of these media and you make such disclosures at your own risk. You are and shall remain solely responsible for the messages you post on the Forum and for the consequences of submitting and posting same. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any messages posted in the Forum is at your own risk. For example, the Company is not responsible for, and we do not endorse or guaranty, the opinions, advice or recommendations posted by users in the Forum and we specifically disclaim any and all liability in connection therewith. The Company reserves the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any posting from the Site that violates these Terms (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms (including the Rules of Conduct), and/or protect the safety or security of any person or property, including the Site. Moreover, the Company retains all rights to remove postings at any time for any reason or no reason whatsoever.

Rules of Conduct

The Company intends the Site to be used in a fun and safe way. In using the Site, you agree not to:

Do anything that offends anyone else or interferes with their use of the Site;
Attempt to use the Site for any purpose other than those intended by the Company;
Attempt to use the Site in a false or fraudulent manner, including, but not limited to:
- Creating multiple accounts; or
- Impairing or compromising the integrity of the Site.
- Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;
- Attempt to find out any other user's password or username by any means whatsoever, including, without limitation, by use of the Site, any other website, email, telephone, or other personal communication;
- Attempt to get around the security or age-verification systems of the Site;
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or
- Submit materials to the Site that violate any law or in any way infringe or interfere with the rights of others, including, without limitation, materials that: (a) are defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) otherwise harm or can reasonably be expected to harm any person or entity; (c) are illegal or encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit them; (d) infringe or violate any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (ii) any confidentiality obligation; (e) are commercial, business-related or advertise or offer to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (f) contain a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person's use or enjoyment of the Site; (g) do not generally pertain to the designated topic or theme of the Forum; (h) violate any specific restrictions applicable to a Forum; (i) are antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

The Company cannot and does not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Links and Third Party Content

Links on the Site to third-party websites (including, but not limited to, any advertisements) are provided only as a convenience to you. If you use these links, you will leave the Site and go to another website that we do not control, own or give any opinion about, and your dealings with such third parties between you and such third parties at your own risk. You agree that neither the Company nor any of its affiliated companies will 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 advertiser or other third party links on the Site, for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

Without limiting the foregoing, certain services and features offered through the Site may be provided by third parties outside of the Site. While the Site provides a link to these services, the Company has no control over these services or the companies that provide them. You understand and agree that the Company is not responsible in any way for your use of these services provided by third parties, and that your use of such services is subject to the terms and conditions established by such third parties. Information you provide when you use such services is collected by such services (and not by us), and the Company does not control their use of such information. We encourage you to review each such service's user terms and privacy policy before you use such service.

Disclaimer of Warranties

THIS SECTION AND THE FOLLOWING SECTION MEANS THAT WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR ISSUES YOU MAY FACE WHEN USING THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE COMPANY AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "COMPANY PARTIES") EXPRESSLY DISCLAIM 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.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE COMPANY PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, IPOD®, SOFTWARE, LOSS OF DATA OR ANY OTHER LIABILITY OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY PARTIES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

THE COMPANY HAS NO LIABILITY FOR THE LOSS OF ANY AVATARS, MUSIC OR MOVIES SAVED ON YOUR MY PSYCLOPS PAGE AND YOU ACKNOWLEDGE THAT ANY AND ALL SUCH INFORMATION AND DATA MAY BE LOST, DAMAGED OR DELETED AT ANY TIME FOR ANY REASON. YOU ACKNOWLEDGE THAT YOU HAVE NO PROPRIETARY INTEREST IN ANY SUCH MATERIALS AND WILL SUFFER NO DAMAGE UPON THE LOSS OF ANY SUCH MATERIALS.

Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF THE COMPANY PARTIES SHALL 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 THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

If you are dissatisfied with any Materials or with the Terms, your sole and exclusive remedy is to stop using the Site.

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.

Termination

The Company reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Site, and to block or prevent future access to and use of the Site for any reason, including your breach of the Terms or other conduct by you that the Company considers inappropriate. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms, you agree that neither the Company nor any of its affiliated companies shall be liable to you or to any third party for any modification, suspension or discontinuation of the Site. This Section means we can keep you from using the Site at any time, if we feel it is right to do so. It also means we can choose to stop operating the Site at any time.

Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold the Company, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, managers, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. The Company reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Governing Law

The Terms shall be exclusively governed by and construed in accordance with the laws of the State of California within the United States of America, without giving effect to any principles of conflicts of law. The Company controls and operates the Site from its offices located in the State of California in the United States of America. The Company makes no representation that Materials contained on the Site are appropriate or available for use in jurisdictions outside the United States, or that the Terms comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This means the Company has made and operates this Site with the understanding that it is for people within the United States. If you try to use this Site from outside the United States, there may be parts of the Site that are illegal in your country or area and you assume the risk to use the Site. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Contacting Us

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us at info@PSYCLOPSHQ.com.