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Terms of Service

By using the headmagnet.com web site (also known as Headmagnet), a service of iDumpling.com (also known as iDumpling), you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

  1. You must comply with all of these Terms of Service in order to use the services.
  2. You must be 13 years or older to use this site.
  3. Should you create a login and apply for an account (a "Headmagnet Account"), you must provide accurate and complete registration information, and you are responsible for any activity that occurs under your screen name.
  4. You are responsible for keeping your password secure.
  5. You must not abuse, stalk, harass, threaten, impersonate or intimidate other Headmagnet users.
  6. You may not use the Headmagnet service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Headmagnet service.
  8. You must not modify, adapt or hack Headmagnet or modify another website so as to falsely imply that it is associated with Headmagnet or iDumpling.
  9. You must not create or submit unwanted email to any Headmagnet members ("Spam").
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. You must not, in the use of Headmagnet, violate any laws in your jurisdiction (including but not limited to copyright laws).
  12. You must not post unlawful, harmful, or obscene content. The following is a partial list of the kind of content that is prohibited to post on Headmagnet: content that contains nudity or other offensive subject matter, content that promotes racism, hatred, or physical harm against a group or individual, content that includes copyrighted material.
  13. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Violation of any of these agreements will result in the termination of your Headmagnet account. While iDumpling prohibits such conduct and content on its site, you understand and agree that iDumpling cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Headmagnet service at your own risk.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. We reserve the right to modify or terminate the Headmagnet service for any reason, without notice at any time.
  3. We reserve the right to alter these Terms of Service at any time. Be sure to regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. Your continued use of the Service after any update will be deemed to represent your consent to be bound by and agreement with, the new Terms of Service. You can always find the most recent version of this Terms of Agreement at the following URL: http://headmagnet.com/tos
  4. We reserve the right to refuse service to anyone for any reason at any time.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
  7. Technical support is only provided via email.
  8. You understand that iDumpling uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  9. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform to adapt to technical requirements of connecting networks or devices.
  10. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, iDumpling, or any other iDumpling service.
  11. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by iDumpling.

Proprietary Rights

  1. We claim no intellectual property rights over the material you provide to the Headmagnet service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.
  2. By setting your lists and information to be shared publically, you agree to allow anyone to view and share your Content.
  3. Personal information collected by iDumpling shall be used as set forth in the Headmagnet Privacy Policy. As a condition to using the Headmagnet Service, you agree to the terms of the Headmagnet Privacy Policy as it may be updated from time to time.
  4. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
  5. Headmagnet undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
    1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
    2. A description of the copyrighted work claimed to have been infringed;
    3. A description of the infringing material and information reasonably sufficient to permit Headmagnet to locate the material;
    4. Your contact information, including your address, telephone number, and email;
    5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
    7. Claims can be sent to (info at headmagnet dot com). Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA).
  6. Your Comments. By submitting ideas, comments, suggestions, documents, and/or proposals ("User Comments") to iDumpling through the Services, you agree to grant iDumpling permission to use or disclose (or choose not to use or disclose), without any restriction or limitation, any such User Comments for any purpose, in any way, in any media worldwide. In order to allow iDumpling to use your User Comments, you acknowledge and agree that: (a)iDumpling is not under any obligation of confidentiality, express or implied, with respect to such User Comments; (b) iDumpling may have under consideration or in development something similar to such User Comments already; and (c) you are not entitled to any compensation or reimbursement of any kind fromiDumpling under any circumstances for such User Comments.
  7. These Terms of Services shall be governed by and construed in accordance with the laws of the State of Hawaii. You and iDumpling agree to submit to the exclusive jurisdiction of the courts located within the county of Honolulu, Hawaii to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that iDumpling shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

(These terms of service were inspired by Mahalo, whose terms of service were inspired by Twitter, whose terms of service were inspired, with permission, by Flickr.)

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDUMPLING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. IDUMPLING DOES NOT WARRANT 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; (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (vi) ANY BETA OR EVALUATION VERSIONS OF SOFTWARE OR THE SERVICE WILL BE RELEASED AS FINAL COMMERCIAL AND/OR FREE SOFTWARE OR SERVICE.
  3. 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 OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDUMPLING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDUMPLING, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF IDUMPLING 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 SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) IDUMPLING’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY IDUMPLING, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY’S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO (i) THE cONTENT YOU SUBMIT, TRANSMIT, POST OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES; (ii) ANY VIOLATION BY YOU OF THESE TERMS OF SERVICES; OR (iii) ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER.

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