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Terms of Use

If you have any questions or concerns about these Terms of Use please don't hesitate to contact us at . Thank you!

USER OBLIGATION

Head2Head is an opt-in video competition. If you are seeking to engage in any activities within the site other than passively viewing site content, you must register and become a site member. As part of the registration process, you will be asked to ACCEPT these Terms of Use. On doing so, you will be deemed to have consented to and will be bound by these Terms of Use.

Visitors to the site merely wishing to view content do not need to register and become members. However, any use of this site (which includes but is not limited to simply viewing the site's content) constitutes your acknowledgement and acceptance of these Terms of Use, which takes effect the moment you first use the site.

Head2Head reserves the right at any time to change the terms, conditions and notices under which its services are offered, including but not limited to these Terms of Use, by posting such changes online. It is your responsibility to refer to and comply with these updated terms and conditions upon accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.

If these Terms of Use are not accepted in full, you do not have permission to access the contents of this site, engage the features and functionalities of site and should cease using this site immediately.

If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 17 years of age or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

You must be 17 years or over or possess legal parental or guardian consent to register as a member of this website. If we discover or have any reason to suspect that you have not reached 17 years of age or that you do not have legal parental or guardian consent, then we reserve the right to suspend or terminate your membership to this site immediately and without notice.

Children and young people under 17 are entitled to access this site to view its content but are not presently able to register as members and actively participate — i.e., upload content, vote, share content or post comments. Certain parts of the site (e.g., those containing videos with adult language, violence and/or mature content) may be unsuitable for younger viewers.

PASSWORD, SCREEN NAME AND SECURITY

When you register as a member of Head2Head, you will be asked to provide your email address, which will be used as your sign-in screen name. You will also be asked to choose and confirm an original Password, which you are free to change at any time. Your Screen Name and Password allow you to access the full feature set of the site including but not limited to voting on each battle.

You accept that it is your sole responsibility to maintain the confidentiality of your Password and Screen Name and that you are responsible for all activity that occurs under them. Head2Head is unable to check the identity of people using the site and will not in any way be liable where your Password or Screen Name to be used by a third party or unauthorized individual. You agree to notify Head2Head immediately of any unauthorized use of your Password or Screen Name and any other breach of security as soon as you become aware of it.

Any private information, comments, votes and/or data relating to your membership to Head2Head will only be used by Head2Head, our subcontractors, employees, agents and advisors, including legal advisors, as part of the process of administering your membership, determining the outcome of a specific battle(s) and when making decisions whether any material you may have uploaded onto the site should be accepted or rejected. In addition, we may, at our sole discretion, disclose this information to the police, regulatory bodies or any legal advisers in connection with any suspected or alleged criminal activity or offense or suspected breach of these Terms of Use, including but not limited to any claim of infringement by you, or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.

HOLD HARMLESS AND INDEMNIFICATION

You agree to hold harmless and indemnify Head2Head, its employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the Head2Head site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. If Head2Head receives notice of such a claim from someone other than the member whose use of the site is in question, Head2Head will provide that member with written notice of such claim, suit or action, at the email address provided by that member at the time of registration.

GRANT OF LICENSE

When you upload or post content to Head2Head, that content becomes public content and will be searchable by and available to anyone who visits the Head2Head site. Head2Head does not claim ownership of the materials you post, upload, input or submit to the Head2Head site. However, by posting, uploading, inputting, providing or submitting your content to Head2Head, you are granting Head2Head, its affiliated companies and partners, a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that content for the purposes of displaying that content on Head2Head and on other Web sites, devices and/or platforms. Content that you upload to Head2Head will generally be available to the public in RSS feeds designed to allow for the automatic syndication of content throughout the Web — Head2Head is an open platform and designed for the free exchange of content and ideas.

When you upload or post content to the Head2Head site, you grant Head2Head a license to distribute that content, either electronically or via other media, to users seeking to download it through the Head2Head site or for purposes of other services provided by Head2Head and to display such content on Head2Head affiliated sites. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed as necessary for us to provide the Head2Head services as they now exist or are developed in the future. This license will also allow for the presentation of advertising and/or sponsorship branding adjacent to your content without any rights or percentage of resulting revenues being shared with you or your assigns.

As a part of its cross-promotional and syndication efforts, Head2Head reserves the right to distribute any and all content you upload to the site to any third party site Head2Head deems appropriate. If you would like your content removed and/or permanently deleted from any Web sites other than Head2Head, you will be required to contact such Web sites directly, and we cannot guarantee any outcome, action or result with respect to any such request by you.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

The content on the Head2Head site, including without limitation, the text, software, graphics, photos, and videos, is owned by or licensed to Oktane Media, Inc. or its assigns, subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. Head2Head reserves all rights not expressly granted in and to the website and said content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.

All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated content, shall remain at all times the property of Head2Head, its affiliates, associated companies, and/or licensors.

The names, images and logos identifying Head2Head are proprietary marks of Head2Head, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of Head2Head, its associated companies and affiliates, or any third party unless expressly stated otherwise.

As a registered member you shall be solely responsible for your own content and the consequences of posting or publishing said content. In connection with all content that you upload to Head2Head, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Head2Head to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to said content, including without limitation any musical recordings contained therein; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the website and these Terms of Use.

All of the content on the Head2Head site is protected by the copyright of one or more of the following: Oktane Media, Inc. Head2Head, our partners or our users. Materials uploaded to Head2Head may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

As a creator of content uploaded to Head2Head or as a passive user of the Head2Head site, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the Head2Head site in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any Head2Head content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.

Any rights not expressly granted herein are reserved.

Copyright Policy

If you believe that any of your intellectual property rights have been violated (e.g., your copyright or trademark infringed) by material available on the Head2Head, you will need to provide, at a minimum, the following information immediately:

Head2Head has adopted the following general policy toward copyright infringement in accordance with the Digital Millenium Copyright Act. The address of Head2Head's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

It is Head2Head's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements

If you believe that material or content residing on the Head2Head website infringes a copyright, please send a notice of copyright infringement containing the following information, in English, to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
  2. Identification of works or materials being infringed
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Head2Head is capable of finding and verifying its existence.
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  5. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Head2Head's policy:

  1. to remove or disable access to the infringing material;
  2. to notify the user that it has removed or disabled access to the material; and
  3. that repeat offenders will have the infringing material removed from the system and that Head2Head will terminate such user's access to the website and service.

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the user must send a counter-notice containing the following information, in English, to the Designated Agent listed below:

  1. A physical or electronic signature of the user;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  4. User's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user's address is located, or if the user's address is located outside the United States, for any judicial district in which Head2Head is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Head2Head may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Head2Head's discretion.

ADVERTISING REVENUE

Head2Head does not share any portion of the advertising and/or sponsorship received by Head2Head with users who have uploaded the content or users who have provided comments or have judged any specific battle.

Head2Head reserves the right to run advertisements on any page, in-stream or directly adjacent to user videos, comments or uploaded content.

USER PRIVACY

Head2Head respects the privacy of its users and will not sell or share personally identifiable information about you with any third-party except as required by law, or as is necessary to fulfill its obligations under these Terms (i.e. to facilitate advertising revenue share payment).

Head2Head's service includes a demographic data collection system. As part of this system Head2Head may ask you opt-in questions about yourself (like your age, interests or zip code). Your answers to these questions may be stored on your computer and transmitted to Head2Head from time to time. Head2Head will never store this information on its servers in a way that's relatable to you or your identity, instead the information will only be stored and operated on in an aggregate way. That said, Head2Head may transmit some of your answers to its advertising partners at the time advertisements are served to you. We do this in order to deliver the most relevant advertisements possible.

In addition to specific questions we may ask you, we will also record information about your use of the site that may include your IP (Internet Protocol) address and the pages and videos you have visited. This information may be shared with other users and our partners in an aggregate form that is designed to not be individually identifiable.

PROHIBITED CONTENT

Our goal is to provide a democratic competition and free-flowing exchange of expression relating to members interests, activities and hobbies while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use and elsewhere on the Head2Head website, the following content is prohibited on Head2Head:

As a condition of your use of the Head2Head site, you warrant that you will not use the services offered on the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Head2Head site in any manner which could damage, disable, overburden, or impair the Head2Head site or interfere with any other parties use and enjoyment of the Head2Head site. You may not obtain or attempt to obtain any materials or information, including but not limited to, software and other Head2Head proprietary materials, through any means not intentionally made available or provided for through the Head2Head site.

Head2Head has no obligation to monitor the content which has been uploaded to the Web site for compliance with the foregoing. However, Head2Head reserves the right to review materials uploaded to Head2Head and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to you. Head2Head reserves the right to terminate your access to any or all of the services offered by Head2Head at any time without notice for any reason whatsoever.

Head2Head does not control or endorse the content, messages or information found in any user-generated content or uploaded material and, therefore, Head2Head specifically disclaims any liability with regard to such user-generated content or uploaded material and any actions resulting from such user-generated content or uploaded material.

You agree to use the services provided by Head2Head only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use Head2Head in any manner that interferes with its normal operation or with any other users use and enjoyment thereof. You further agree that you will not access, or cause others to access, Head2Head through an interface or in a manner that would interfere with the monetization of Head2Head-hosted content or the honoring of copyright licenses attached to Head2Head-hosted content. You also agree that you will not access Head2Head from any territory where its contents are illegal.

Head2Head does not endorse any user-generated content or any opinion, recommendation or advice expressed therein, and Head2Head expressly disclaims any and all liability in connection with user-generated content. If notified by a user or a third party of uploaded material that allegedly does not conform to these Terms of Use, Head2Head may investigate the allegation and determine in good faith and in its sole discretion whether to remove the user-generated content.

THIRD PARTY SITES/LINKS TO MONTAGEH2H.COM

Head2Head may contain links to other websites (Linked Sites). The Linked Sites are not under the control of Head2Head and Head2Head is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Head2Head is not responsible for webcasting or any other form of transmission received from any Linked Site. Head2Head is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Head2Head or any association with its operators.

If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Head2Head does not endorse and is not responsible or liable for any content, advertising, products, services or information on, or available from, third party websites or material. Head2Head is not responsible for any damage, loss or offense caused by, or in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant provider of the service. Head2Head does not claim any legal authorization to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a Linked Site.

Head2Head disclaims all liability for any legal or other consequences (including claims for infringement of third party rights) of links made to this site on websites not affiliated with Head2Head.

COMMERCIAL AGGREGATION

Head2Head is designed to be technically compatible with the universe of third-party aggregation software to the greatest extent possible, and we are committed to building an open platform. Unless otherwise stated, however, you may not distribute, transmit, broadcast, commercially exploit or modify in any way material or content or permit or assist any third party in doing the same. You may not aggregate, embed or "deep-link" content on Head2Head from your own Web site, service or platform for commercial purposes in a systematic way without the prior written consent of Head2Head. You must at all times respect the copyright licenses attached to Head2Head content (i.e. Creative Commons licenses) while aggregating, embedding or deep-linking Head2Head content.

Please note that the information, software, products and services included in, or available through, the Head2Head website are continually being updated and upgraded. Head2Head does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SITE IS PROVIDED AS IS WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. MONTAGEH2H.COM EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

The information and other materials included on this site may contain inaccuracies and typographical errors. Head2Head does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Head2Head reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services or prices described in the site at any time without notice.

Head2Head does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. Head2Head does not represent the full functionality, accuracy or reliability of any material. Head2Head may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONTAGEH2H.COM AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MONTAGEH2H.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MONTAGEH2H.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MONTAGEH2H.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MONTAGEH2H.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MONTAGEH2H.COM OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Head2Head website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Head2Head website and services provided therein.

LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. Disputes arising from these Terms of Use or your use of the Head2Head website shall be exclusively subject to the jurisdiction of the courts of New York. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

Head2Head makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is strictly prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.

MISCELLANEOUS

If any of these Terms of Use or any other policies posted by Head2Head management on the Head2Head website should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent permissible, such Term of Use or policy, or portion thereof, shall be severed and deleted from the remaining terms, conditions and policies, and the remaining terms, conditions and policies shall survive and continue to be binding and enforceable. The failure of Head2Head to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

The section headings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect these terms and conditions.