effective 28 August 2015
Hello Inyahead users and Internet citizens. We want you to know your rights and our rights and so we have prepared this agreement ("user agreement" or "agreement") between Paul King, operator of Inyahead.net ("we", "us", "our,") and you. This agreement sets the terms of your use of the Inyahead website, mobile apps and services ("Inyahead") including our website hosted at Inyahead.net and all mobile apps including Deutsch Inyahead and English Inyahead.
This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use Inyahead. Please also take a look at our privacy policy that explains how we collect and use your information.
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Inyahead, (2) suspend Your Account, and/or (3) remove any of your User Content from Inyahead.
We reserve the right to monitor Inyahead, and your use of our services means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
Inyahead is designed for personal use only. You may not use Inyahead to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
Inyahead is not intended to be an advertisement platform or marketplace for any goods or services. For this reason, any transactions you undertake are your responsibility alone, so be careful. You may not use Inyahead to conduct transactions for any illegal goods or services.
To participate in some parts Inyahead, you need to create an account ("Your Account"). You may use a limited part of Inyahead without logging in. You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You may not license, transfer, sell, or assign Your Account without our written approval.
Inyahead contains graphics, text, photographs, images, video, audio, software, code, website designs, and advertisements supplied by us or our licensors, which we call "Inyahead content." Inyahead content is protected by intellectual property laws including copyright and other proprietary rights of Germany and foreign countries.
We grant you the right to access the Inyahead content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Inyahead content, except as authorized in writing by us. If you are interested in licensing Inyahead content, contact us at english.inyahead@gmail.com.
You retain the rights to your copyrighted content or information that you submit to Inyahead ("user content") except as described below.
By submitting user content to Inyahead, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
Please take a look at Inyahead’s privacy policy for an explanation of how we may use or share information submitted by you or collected from you.
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Inyahead.
Inyahead is a place where third-party hyperlinks may be posted by users like you. We are not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.
You agree not to interrupt the serving of Inyahead, introduce malicious code onto Inyahead, make it difficult or impossible for anyone else to use Inyahead due to your actions, attempt to manipulate or eavesdrop Inyahead’s systems or traffic, or assist anyone in misusing, interrupting or spying on Inyahead in any way. Please show respect to our service.
You agree not to use any obscene, indecent, or offensive language or to submit any material that is defamatory, abusive, harassing, hateful, pornographic, illegal, obscene, or otherwise offensive.
You may not submit any text, links, graphics, photographs, images, video, audio or other material that we deem to be junk or spam. You may not submit any text, links, graphics, photographs, images, video, audio or other material promotes any group, company, service, school or any other type of commercial venture, without our written consent.
Inyahead is not directed at people under the age of 13, and Inyahead does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing Inyahead, please contact us at english.inyahead@gmail.com.
We retain the right to remove user content on Inyahead that we deem to be infringing the copyright of others. If you become aware of user content on Inyahead that infringes your copyright, you may submit a properly formatted request to us. Any request should be sent by email to english.inyahead@gmail.com.
Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to copyright infringement claims.
Please the following information with any copyright infringement claim:
All the things you do and all the information you submit or post to Inyahead remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold Inyahead, its operators, affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Inyahead, your violation of this user agreement, and/or your violation of the rights of any third party or person.
Inyahead is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Inyahead will always work properly.
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Inyahead, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Inyahead.
We want you to enjoy Inyahead, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns by emailing us at english.inyahead@gmail.com.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of Germany. We agree and you agree to submit to the personal jurisdiction and venue of the federal court located in Berlin, Germany.
If any provision of this user agreement is held by a court of competent jurisdiction invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
This user agreement is the entire agreement between you and us concerning Inyahead. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we may provide advance notice and may keep this edition available as an archive on the Inyahead website. By continuing to use Inyahead after a change to this agreement, you agree to those changes.
This user agreement is effective as of 28 August 2015.