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BillyHeads.com Terms of Service (TOS)

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BillyHeads.com of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. BillyHeads.com cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.

You agree, as the end user of this service, to be bound by the following terms, and acknowledge that these terms and conditions may be changed at any time, and enforced under the new provisions contained herein, at any time, with or without prior notice.

MEMBER CONDUCT

1. You understand that all information, data, text, software, music, sounds, photographs, graphics, video messages or other materials transmitted ("Content") through this Service are the sole responsibility of the person from which such Content originated.

2. The end user agrees not to use this Service for any illegal purposes including, but not limited to:

Transfer of copyrighted material
Spamming in any form
Transmission of any material which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
Any actions that harm minors in any way
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
Transmit any message containing a virus, chain letter, junk mail, pyramid schemes or other damaging or advertising materials.
Interfere with or disrupt the Service or server or disobey any requirements, procedures, policies or regulations of the Services, or those issues directly from the server administrators.
Stalk or otherwise harass others

3. You agree to indemnify and hold harmless BillyHeads.com, its affiliates, officers, agents and partners, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of the Content you submit or transmit, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

4. You acknowledge that BillyHeads.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages will be retained by the Service, the maximum number of email messages that may be sent or receive by an account on the Service, the maximum size of any email message that may be sent or received by an account on the Service, and the maximum disk space that will be allotted on BillyHeads.com's servers on your behalf.

5. You agree that BillyHeads.com has no responsibility or liability for the deletion or failure to store any messages and other communications or Content maintained or transmitted by the Service.

6. You acknowledge that BillyHeads.com has the right to remove accounts that are inactive for an extended period of time.

7. You agree not to impersonate Billy Gilman, his family, friends, managers, road crew, band or anybody otherwise associated with him, any member of this website or staff, or any other entity and acknowledge that doing so will result in immediate revocation of offending user's account, and removal of the right of the user to use the Service.

ACCOUNT TERMINATION

You agree that BillyHeads.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, without limitation, for lack of use or if BillyHeads.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS, or with the spirit of the community as a whole. BillyHeads.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BillyHeads.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BillyHeads.com shall not be liable to you or any third-party for termination of your access to the Service.

You acknowledge that BillyHeads.com does not pre-screen Content, but that BillyHeads.com and its designees shall have the right (but not the obligation) in their sole discretion to do so, or to refuse or move any Content that is available via the Service. Without limiting the foregoing, BillyHeads.com and its designees have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that BillyHeads.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with the legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of BillyHeads.com, its users and staff, and the public.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BILLYHEADS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BILLYHEADS.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ERRORS IN THE SOFTWARE WILL BE CORRECTED.

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

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BILLYHEADS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BILLYHEADS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BILLYHEADS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PART ON THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

QUESTIONS AND CONTACT

If you have any questions about the Service, or the terms and conditions as described in the Terms of Service (TOS) above, please contact policy@billyheads.com.

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