Terms & Conditions
TERMS OF USE AGREEMENT
Last updated on Nov 18, 2024.
This Terms of Use Agreement (“Agreement”) governs your access to and use of the services, websites, and applications offered by Tytus Entertainment, Inc. (“Hipsandheels.co,” “ hips+heels” “hips + heels app”, “www.hipsandheels.co,”“we,” or “us”). Our goal is to provide others with our method of dance and teaching philosophies, and to inspire people to improve their dancing, and live passionately and actively.
The terms and conditions set forth in this Agreement govern your visit to and use of the online and/or mobile services, website, and software provided by or on behalf of Hipsandheels.co, including without limitation, hipsandheels.co (collectively the “Service”). By accessing and using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement and to the collection and use of your information as set forth in the Hipsandheels.co PRIVACY POLICY, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Hipsandheels.co may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last updated’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
USING OUR SERVICE:
Who Can Use Our Service. You may use the Service only if you can form a binding contract with Hipsandheels.co, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. This Service is intended for anyone who is at least 18 years of age or older. If you are between the ages of 13 and 18 and would like to use the Service, you may do so only with the consent of, and under the supervision of, your parent or legal guardian. We reserve the right to request verification of such consent and/or supervision at any time and for any reason. Any other use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Hipsandheels.co.
Hipsandheels.co Accounts. Your Hipsandheels.co account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Hipsandheels.co account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Hipsandheels.co with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
Your Responsibility For Your Account. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Hipsandheels.co immediately of any breach of security or unauthorized use of your account. Hipsandheels.co will not be liable for any losses caused by any unauthorized use of your account.
Your Choices About Your Account. You may control your User profile and how you interact with the Service by changing the settings on the personal settings page associated with your Hipsandheels.co account. By providing Hipsandheels.co your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences on the personal settings page associated with your Hipsandheels.co account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Changes To Our Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Your Interaction With Other Users. You are solely responsible for your interactions with other Hipsandheels.co Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Hipsandheels.co shall have no liability for your interactions with other Users, or for any User’s action or inaction.
SERVICE RULES: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping;” (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Hipsandheels.co servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
STREAMING AND DISPLAYING: Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Hipsandheels.co Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. All content on this site is the property of www.hipsandheels.co (a Tytus Entertainment, Inc. company). By downloading the app, and/ or joining our program, you (including members subscribed to the free trial, active membership, or cancelled membership) agree NOT to download, screen record, copy, store or share any of our content within the Hips + Heels program.
SWEEPSTAKES AND CONTESTS: From time to time, we may offer and/or co-sponsor contests, sweepstakes, promotions and games on the Service (each a “Promotion”). Depending on the nature of the Promotion, we may either publish a completely unique set of rules for the Promotion or we may administer it using a combination of our standard Promotion rules (“Official Rules”) and specific additional details such as start date, end date and prize value information. All give-aways/ prizes are not exchangeable, nor refundable for monetary value. Each of these activities may be governed by specific rules listed below. By participating in any such activities, you will become subject to those rules and we urge you to read any applicable rules. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.
FREE COURSES: From time to time, we may offer and/or co-sponsor Free Courses. We reserve the right (at any time) to change the course pricing and the number of times a user is able to access a free course. By enrolling in the free course, the user agrees that any comments and materials submitted by he/she of a free course can be used by Hipsandheels.co (and it’s affiliates and successors) as promotional material (in any form, without further permission from the user). Permission may be asked as a form of courtesy to user, but not required.
ONLINE LIVE CLASSES & PRIVATE LESSONS: By purchasing and taking the online classes, you understand that there are risks of physical injury associated with, arising out of and inherent to the activity of dance and fitness. You knowingly and voluntarily agree to indemnify Tytus Entertainment, its officers, and affiliates, of any liability and claims that can arise out of taking these classes. We may record these online classes and private lessons for the purpose of improving your services as well as for marketing purposes. You agree to allow us to use your images for our promotional materials without additional consent required.
ZOOM RECORDINGS of PRIVATE LESSONS: If you choose to purchase the zoom recordings, you will have access to them as long as this website is live, and you have an account in good standing with us. We reserve the right to terminate access at anytime, 6 months after the lessons are over. These recordings are only for personal use, and you agree not to share them publicly or distribute/re-sell them. The resolution of the recordings are per what zoom allows.
USER PHOTO/ VIDEO WAIVER:
By purchasing and taking any online classes or private lessons, you hereby grant permission for Hipsandheels.co/ Tytus Entertainment, Inc. to take and use photos and/or videos of yourself (including those you have uploaded to your account), and to modify those photos and/or videos for public and company use including, but not limited to, advertising, marketing, education, etc., without seeking further permission from you.
INTERACTING WITH THE SERVICE AND USER CONTENT:
Your User Content. Some areas of the Service allow Users to post content such as profile information, comments, questions, reviews, images, and other content or information, including but not limited to contributions you may make to any how to guides. Any content or information a User submits, posts, displays, links to, or otherwise makes available on the Service is referred to as “User Content.” We claim no ownership rights over User Content created or provided by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Hipsandheels.co has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
How We And Others Can Use Your User Content. By posting or otherwise making available any User Content on the Service, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Hipsandheels.co a royalty-free, sublicensable, transferable, irrevocable, perpetual, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Hipsandheels.co’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, modify, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement. You agree that we may sublicense or assign any of the foregoing rights in your User Content to any successor or acquirer of Hipsandheels.co or any Site or any partner, brand, affiliated company, sponsor, or other entity with which Hipsandheels.co engages in a joint project or endeavor or develops or releases any joint product.
YOUR RESPONSIBILITIES:
What Not To Post. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, obscene, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
Respecting Other’s Rights. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below.
DEFINITION OF INTELLECTUAL PROPERTY: For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
USER CONTENT REPRESENTATIONS AND WARRANTIES: In connection with your User Content, you affirm, represent and warrant the following: (i) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (ii) your User Content and any use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; (iii) Hipsandheels.co may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (iv) to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
YOUR CONDUCT; DISCLAIMER: Hipsandheels.co reserves the right, but is not obligated, to reject and/or remove any User Content that Hipsandheels.co believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Hipsandheels.co takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Hipsandheels.co shall not be liable for any damages you allege to incur as a result of User Content.
Hipsandheels.co CONTENT, OUR LICENSE TO YOU, AND FEEDBACK YOU MAY PROVIDE:
Hipsandheels.co Content. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Hipsandheels.co Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Hipsandheels.co, Tytus Entertainment, Inc. and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Hipsandheels.co Content. Use of the Hipsandheels.co Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Hipsandheels.co License Grant. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service, as long as your membership is active and in good-standing. Hipsandheels.co reserves all rights not expressly granted herein in the Service and the Hipsandheels.co Content (as defined below). Hipsandheels.co may terminate this license at any time for any reason or no reason.
Access Policy to Programs and App:
Access to all memberships purchased is available as long as the Hipsandheels.co website is up and running, and remaining in business. If Hipsandheels.co is acquired by future affiliates or successors, the latter retains the right to modify their “Yearly Access Policy” by providing a 30 day notice to all users who had purchased the online courses. Hipsandheels.co agrees to allow customers access to the online courses until the date of expiration of their membership.
Video Content Changes & Modifications:
hipsandheels.co reserves the right to modify and remove any and all of the content posted on this website, regardless of whether it’s been purchased or provided free for use.
Feedback. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Hipsandheels.co under any fiduciary or other obligation, and that we are free to use Feedback without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Hipsandheels.co does not waive any rights to use similar or related ideas previously known to Hipsandheels.co, or developed by its employees, or obtained from sources other than you.
PURCHASES FROM Hipsandheels.co:
General. Hipsandheels.co may offer products for purchase through the Service (“Products”). You must be 18 years of age or older or have the verifiable consent of your parent or legal guardian to purchase any Products from Hipsandheels.co. All prices for Products are in US dollars, and are exclusive of any applicable local, state, or federal taxes. Shipping and handling fees, if any, will be reviewable prior to submitting your order. We reserve the right to adjust our prices of all services and goods at any time. If there are changes to your monthly/ annual membership price, we will provide a 30 day notification via the email you use for your account, prior your next renewal date. You will have the option to cancel within those 30 days, otherwise, your membership will be renewed at the increased price.
Pricing Discrepancies. Hipsandheels.co works with service providers for maintenance of our website. We and our partners strive for complete accuracy in description and pricing of the products on the site, however, due to the nature of the internet occasional glitches or mistakes may cause inaccuracies to appear on the site. Hipsandheels.co has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will charged for the correct price. If the displayed price is less than the actual price, Hipsandheels.co will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
Payment & Currency Disclaimer. All payments are processed using third-party processors: Stripe (www.stripe.com) and PayPal (www.paypal.com). All payment amounts are represented in USD as this is the currency of our host country. Stripe & PayPal do not provide converting transactions prices, for example if you are in the UK it will not show the equivalent in Pound Sterling. Therefore we are not liable for any discrepancies in charges for international currencies. All currency conversions and their calculations through payment are made via the third-party processor of your choice when you checkout. You acknowledge that Hipsandheels.co is not liable for any breaches of credit card or debit card security or privacy by such third party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment.
Payment Plans:
Customers who enroll in any programs and courses we offer using the payment plan option, agrees to complete all installments of payments required at time of purchase.
Late/ Defaulting Subscription Payments:
If payment for your subscription is defaulted, we will notify you to update your payment method or provide alternative payment option. If your account is late in payment or has outstanding dues, we have the right to cancel your membership and revoke your access to our program at any time. No refunds for previous payments will be provided.
HipsandHeels.co Free Trial Subscription Policy. By starting your free trial, you authorize us to charge your credit card 7-days after starting your free trial, and you consent to the payment of recurring charges based on the plan you chose until or unless you choose to cancel your subscription at least 24 hour prior to renewal date.
HipsandHeels.co App Subscription Cancellation Policy. If you signed up via our website, you agree to continue to make payments until or unless you provide written notification via email to: [email protected] to cancel your subscription at least 24-hours prior to the current billing cycle. Do not assume that your account will be canceled after you send us a written notification because emails can get lost/ bounced. If you do not hear back from us, it is your responsibility to contact us again prior to your renewal date so you don't get billed for the next billing period.
Subscriptions via the apple App Store/ google play stores will need to be canceled directly through those avenues. We do not have authorization to manually cancel subscriptions made through the app stores.
Refund Policy. All sales are final and we do not offer any refunds or any money-back guarantees, unless otherwise specified on the offer at time of purchase. All sales are final. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
For Educational Purposes Only. The information contained in our website, emails, programs, services and/or products is for educational and informational purposes only and is made available to you as new insight for your own use. While we draw on our prior background in dance, health and fitness, you acknowledge that we are supporting you in our role exclusively as educators. Our team shall provide information concerning, but not limited to, the maximizing of dance, movement, human health and optimizing overall wellness.
Non-Medical Advice. The information contained in this website or provided through our blogs, emails, programs services or products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your physician, therapist, licensed dietician or nutritionist, or any other health care professional. We are not medical health practitioners or mental health providers and we are not holding ourselves out to in any capacity. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body. We serve, in our sole capacity, as educators who share insight on what has helped us personally in our own journey.
Consult Your Physician or Health Care Provider. Our intent is NOT to replace any relationship that exists, or should exist, between you and a medical doctor or other health care professional. Always seek the advice of your physician or another qualified health care professional regarding any questions or concerns you have about your specific health situation, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications you are currently taking. We advise you to speak with your own physician before implementing any recommendations from our website, our blog, emails, programs services or products. Do not stop taking any medications without speaking to your physician or health care professional. If you have or suspect that you have a medical problem, contact your health care provider promptly.
No Guarantees. Our role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and self-initiative. We cannot and do not guarantee that you will attain a particular result, and you understand that results differ by each individual. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health & genetic profile, starting point, expertise, and level of commitment.
Client Stories. When we present REAL WORLD EXPERIENCES, examples, testimonials, photos and insights about other peoples experiences, they are for purposes of illustration only. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our programs, services, and/or products. Each of these unique stories and any and all results reported in these stories by our clients, are the culmination of numerous variables, some of which WE cannot control.
Assumption of Risk. There are sometimes unknown individual risks and circumstances that can arise during use of our programs, services and/or products that can influence or reduce results. We are not responsible for your personal actions or choices before, during or after any of our programs, services and/or products. You understand that any use of any product, recipe, suggestion, or recommendation is at your own risk, with no liability on our part. You accept full responsibility for your use, or non use, of any information provided by us through any means whatsoever. Your use, or non use, of this information is at your own risk, and you absolve us of any liability or loss that you, or your family or children (if applicable) or any other person, may incur from your or their use or non-use of the information provided. If you have any concern, please consult a physician.
We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering service or carrying out arrangements, tours, or educational sessions in any location, including but not limited to, any dance studio, yoga, or fitness studio, private home, company/business, or outdoor setting. If you use the information provided through our website, our blog, emails, programs services or products, we assume no responsibility.
Although every effort is made to ensure the accuracy of published information on or through our website, our blog, emails, programs services or products, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in our website, our blog, emails, programs services or products. While every effort has been made to present you with the most accurate, up-to-date information, we are not responsible for the accuracy of our content.
In becoming our user with the intent of using our services, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of our services. If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; or (b) your physician has specifically approved your use of our services.
We reserve the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
Cancellations. You may cancel your subscription to our programs offered through the Service at any time. If there is an outstanding order associated with your subscription, the cancellation will go into effect once that order is processed by Hipsandheels.co.
For Educational and Informational Purposes Only. The information provided in or through our Service and Products, including our online learning classes (“Classes”) is for educational and informational purposes only, and is made available to you as self-help tools for your own use. Any information provided by us is not intended to be a substitute for medical, legal or financial advice that can be provided by your own physician, attorney, accountant, and/or financial advisor. Our role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. While certain Classes relate to professional goals, we cannot and do not guarantee that you will attain a particular physical or business result or income increase or level, and you accept and understand that results differ by each individual. You agree that we are not responsible for the success or failure of your physical decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you.
Product Disclaimers. You acknowledge and agree that Hipsandheels.co is not liable for any personal injury, death or property damage arising from any use or misuse of any Products offered through the Service. You further understand that Products may contain materials that could be dangerous if handled improperly. You further acknowledge that Products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any Products. You hereby agree not use Products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
PRIVACY AND SECURITY: We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our PRIVACY POLICY, and to have your personally identifiable information collected, used, transferred to and processed in the United States. Hipsandheels.co cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
THIRD-PARTY LINKS: The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Hipsandheels.co. Hipsandheels.co does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Hipsandheels.co’s Privacy Policy do not apply to your use of such sites. You expressly relieve Hipsandheels.co from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Hipsandheels.co shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
INDEMNITY: You agree to defend, indemnify and hold harmless Hipsandheels.co and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. The foregoing indemnification provision shall not apply to Hipsandheels.co’s own negligence or intentional conduct. Any provision of these Terms that conflict with established precedent in New Jersey are void and shall have no application.
NO WARRANTY:
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Hipsandheels.co DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Hipsandheels.co DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Hipsandheels.co, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCTS. UNDER NO CIRCUMSTANCES WILL Hipsandheels.co BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Hipsandheels.co ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Hipsandheels.co, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Hipsandheels.co HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE A NEW JERSEY RESIDENT, CERTAIN PROVISIONS OF THESE TERMS MAY NOT APPLY TO YOU, INCLUDING THE SECTIONS ENTITLED INDEMNIFICATION, PRODUCT DISCLAIMERS, AND LIMITATION OF LIABILITY. BY USING THE WEBSITE, YOU AGREE THAT: (A) THESE TERMS ARE WRITTEN TO BE GENERALLY APPLICABLE TO THE MAJORITY OF USERS AND NOT TO DETER YOU FROM ENFORCING YOUR SPECIFIC LEGAL RIGHTS; (B) THAT ONLY THOSE PROVISIONS THAT ARE ENFORCEABLE UNDER NEW JERSEY LAW SHALL APPLY TO YOU, AND (C) THAT YOU HAVE CAREFULLY READ, FULLY UNDERSTAND, AND AGREE TO THE SECTION BELOW ENTITLED ARBITRATION.
The Service is controlled and operated from its facilities in the United States. Hipsandheels.co makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
GENERAL ASSIGNMENT: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hipsandheels.co without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
GOVERNING LAW: You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Hipsandheels.co, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in San Francisco County, California or the United States District Court for the Northern District of California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
ARBITRATION: For any dispute with Hipsandheels.co, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Hipsandheels.co has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Hipsandheels.co claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of San Francisco, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Hipsandheels.co from seeking injunctive or other equitable relief from the courts as necessary to protect any of Hipsandheels.co’s proprietary interests.
CLASS ACTION/JURY TRIAL WAIVER: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Hipsandheels.co ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
NOTIFICATION PROCEDURES: Hipsandheels.co may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Hipsandheels.co in our sole discretion. Hipsandheels.co reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Hipsandheels.co is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
ENTIRE AGREEMENT/SEVERABILITY: This Agreement, together with any amendments and any additional agreements you may enter into with Hipsandheels.co in connection with the Service, shall constitute the entire agreement between you and Hipsandheels.co concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
NO WAIVER: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Hipsandheels.co’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
CONTACT: The Service is offered by Tytus Entertainment, Inc., located at PO Box 2312, El Cerrito, CA 94530, and can be reached via email at [email protected]. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically. We may communicate by email. For support-related inquiries, you may email us at: [email protected] For all other notices to us, write to the following address:
Tytus Entertainment, Inc.
PO Box 2312
El Cerrito, CA 94530
Nothing in this Agreement or otherwise limits our right to object to subpoenas, claims, or other demands.
By using our website, our blog, emails, programs, services or products, you implicitly signify your agreement to all parts of the above disclaimer.
