Terms of Use

This web page represents a legal document that serves as the terms of use for our website (“Terms of Use”), headout.com and any associated associated mobile application (collectively, “Website”) as owned by Headout Inc (“Headout”). Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use,, and other posted guidelines within our Website, (collectively “Legal Terms”), constitute the entire and only agreement between you and this website, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you do not accept our Legal Terms, you should not access our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

Definitions

The terms: “us” or “we” or “our” refers to the owner of the Website.
A “Member” is an individual that has registered with our Website to use our Website’s features.
A “Provider” is a Member of our Website that is a business offering tours, activities, attractions and other travel-related goods and services to the general public and has registered with us to offer their goods/services.
A “Profile” is an online collection of information provided by a Member about their business if a Provider, or generally about themselves if a Customer.
A “User” is a collective identifier that refers to either a Visitor or a Member.
A “Visitor” is someone who merely browses our Website.
A “Customer” is a user who purchases goods/services through the Website
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid features of our Website, are collectively known as our “Content”. We may refer to Content provided by our Members, whether as part of their Profile or in other postings to our Website, as “Member Content.” When we refer to our Website, our Content is included by reference.

Limited License

You are granted a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms. Your use of our Website is solely for the purposes as provided herein.

Our Relationship to You

This website is strictly an intermediary service for purchasing goods/services and does NOT enter into any other relationship with you, other than that of an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and other Users, or our affiliates.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. We reserve the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Eligibility and Registration for Membership

You certify that you are at least age 18 years of age or older. If you are between the ages of 13 and 18, you certify that you have your parent’s permission to use our Website and become a Member. You may not access this website if you are under the age of 13. Any registration or use our our site by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms. You agree to and to abide by all of the terms and conditions of our Legal Terms. This website has the sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

Information From Children

We do not knowingly solicit, collect or retain information from any individuals under the age of 13.

Digital Millennium Copyright Act Compliance

You can contact us at –

By E-mail: [email protected]

By Mail: Headout Inc.

We will only respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.

Intellectual Property

Our Website may contain our trademarks as well as those of Providers, our affiliates, and other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such trademark, without the prior written permission of the corresponding trademark owner. Our Website is also protected under international copyrights. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Content or Website. As mentioned, we do not claim ownership of your Member Content, but by providing it to our Website, you do not receive any other rights in our Content other than what belongs to you already.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your Website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may contain links to third party websites (“Third Party Websites”). These links are provided solely as a convenience to you. By linking to these Third Party Websites, we do not create or have an affiliation with, or sponsor such Third Party Websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such Third Party Websites. We have no control over the legal documents and privacy practices of third party websites; as such, you access any such Third Party Websites at your own risk.

Data Protection

We collect and use personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions between the user and us.
If we are involved in the communication for a service agreement between the user and the respective Provider, we shall transfer the data required for this agreement to the respective Provider. This Provider processes and uses the data to initiate, conclude and execute the contract on its own responsibility.
Further information can be found in our data protection conditions at https://www.headout.com/privacy-policy.

Warranty Disclaimer

We reserves the right to change any and all Content and features of our Website, at any time without notice. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member Content. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will we be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.

Limitation of Liability

We, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website. WE AND OUR AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE AND OUR AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.

Arbitration

Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Website, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to intellectual property infringement, shall be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted before an arbitrator selected by the American Arbitration Association in New York, NY, USA. The judgment of such arbitrator on award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction within state and federal courts of the State of New York as, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, but the prevailing party may seek return of such arbitration fees and reasonable attorney fees.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in New York, NY, USA, and shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.