Terms Of Service
15 minutes read
Effective date: 15 March 2021
Welcome to HeyHaw.com (“Site” “HeyHaw”, “we”, and “us”, “our”, “company”), based in USA which is available for global audience and mainly for social media users, content creators, and streamers. Please read on these terms that govern your use of our website(s), products and services (the “Services”).
Your access to and use of the Service is subject to your acceptance of these Terms and your compliance. All visitors, users and others who access or use the Service are subject to these Conditions. You warrant that you are at least 18 years old and can enter into binding contracts legally. If you are under the age of 18, you warrant that your parent or guardian has obtained your consent and they agree to be bound by the Terms on your behalf.
You agree to be bound by these Terms by accessing or using the Service. You may not access the Service or our Site and leave this Site immediately if you do not agree with any part of these terms.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorized advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
HeyHaw does not allow its users to create links or upload images that refer to:
i.pornography, nudity or any other adult-related content;
ii.violence, hate, racism, bullying;
iii.tobacco, alchool, illegal drugs or any other restricted substance;
vi.any other illegal material
Accounts found in violation of these rules will be suspended without notice. HeyHaw will fully cooperate with relevant authorities to provide information about the authors of illegal content.
The access to the Site/Services/App is provided “as is”, “as available” but we do our best and taking all reasonably possible technical and legal measures to ensure that your use of our site is safe and to ensure the safety and legal use of the information that you provide.
We are not responsible for the criminal, unlawful, negligent actions or inactivity of any third parties associated with the use of the Site/Services/App, in whatsoever such actions would be.
In the event of a court case, it will be considered under the current legislation of Ukraine in the relevant court for the observance of jurisdiction.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Rules of Conduct
As a condition of use, you promise not to use the Site/Services for any purpose that is prohibited by these Terms of Service;
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site/Services/App or any activities conducted on the Site/Services/App; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site/Services/App (or other accounts, computer systems or networks connected to the Site/Services/App); (iv) run any form of auto-responder or “spam” on the Site/Services/App; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site/Services/App; (vi) harvest or scrape any content or personal data from the Site/Services/App; (vii) otherwise take any action in violation of our guidelines and policies. use software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site/Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, (iii) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods, or (iv) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Unless agreed to the contrary, the Service will be hosted by HeyHaw and may have its own dedicated Internet domain name (agreed separately with You and provided by You). It may be agreed separately that HeyHaw only provides parts of the Service to You, such as only the back-end of the Service, with a front-end supplied by Yourself. For the avoidance of any doubt, in such a case, HeyHaw shall only be responsible for the operation and performance of the Service as provided by HeyHaw, and HeyHaw expressly disclaims any liability with regards to any products and/or services provided by You.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Scams, unlawful or pornographic accounts and links
Please note that HeyHaw prohibits and takes scam, unlawful or pornographic material or activities very seriously. We may terminate any account at our sole discretion which may violate any law or is involved in any such activity. We may also take action and report the law. Users may discharge HeyHaw from any liability and report to us if they find any other user to be involved in such prohibited activities.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of HeyHaw and its licensors. The Service is protected by copyright, trademark, and other laws of both the Turkey and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HeyHaw. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or HeyHaw cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting HeyHaw customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide HeyHaw with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize HeyHaw to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, HeyHaw will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
HeyHaw may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may or may not be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by HeyHaw until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, HeyHaw reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
HeyHaw, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
HeyHaw will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by HeyHaw.
HeyHaw has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that HeyHaw shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless HeyHaw, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to or otherwise submit to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
HeyHaw, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
HeyHaw makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
HeyHaw its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and HeyHaw chooses not to immediately act, or chooses not to act at all, HeyHaw will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. HeyHaw does not waive any of its rights. HeyHaw shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of the USA, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.