Terms and Conditions

In using this website and by purchasing any AvatarHead.com products, you are deemed to have read and agreed to the following Terms and Conditions:

The following terminology applies to all legal Terms and Conditions, Policies, Disclaimers and Agreements included herein and includes the AvatarHead.com website and any related pages. “Purchaser”, “Client”, “You” and “Your” refers to you, the person accessing this website and/or products and accepting the Company’s Terms and Conditions, Policies, Disclaimers and Agreements included herein. “Company”, “Ourselves”, “We” and "Us", refers to our Company, AvatarHead.com. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Terms

By accessing the AvatarHead.com website and its products, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the AvatarHead.com website or products.

Usage Permission

Permission is granted to temporarily download one copy of the purchase materials on AvatarHead.com's related pages for personal, non-commercial usage only. You may not:

    Modify or copy the materials, unless expressly granted as per the UpSell Purchase or the Special Deal of Awesomeness™ Purchase;

    Use the materials for any commercial purpose, or for any public display (commercial or non-commercial), unless expressly granted as per the UpSell Purchase or the Special Deal of Awesomeness™ Purchase;

    Attempt to decompile or reverse engineer any software contained on AvatarHead.com’s pages and related marketing approaches;

    Remove any copyright or other proprietary notations from the materials, unless expressly granted as per the UpSell Purchase or the Special Deal of Awesomeness™ Purchase; or

    Transfer the materials to another person or "mirror" the materials on any other server.

Usage Permission shall automatically terminate if you violate any of these restrictions. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than our employees and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We provide you an option to view all your information held by us at request. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Exclusions and Limitations

The information on this web site and its pages is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

Excludes all representations and warranties relating to this website, its pages and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

Excludes all liability for damages arising out of or in connection with your use of this website or any animated thumbnail created by a customer (for themselves, or for their clients). This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Further, AvatarHead.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its pages or otherwise relating to such materials, products, or on any sites linked to the AvatarHead.com platform or website.

No Liability

Under no circumstances will the product creator, programmer or any of the distributors of this product, or any distributors, be liable to any party for any direct, indirect, punitive, special, incidental, or other consequential damages arising directly or indirectly from the use of this product. This product is provided "as is" and without warranties.

Use of this product indicates your acceptance of the "No Liability" policy. If you do not agree with our "No Liability" policy, then you are not permitted to use or distribute this product (if applicable.) Failure to read this notice in its entirety does not void your agreement to this policy should you decide to use this product.

Billing

You will be billed through PayPal for your artistic graphics purchase. There are no recurring fees associated with your artistic graphics purchase from AvatarHead.com and it is a simple one-time transaction. No billing agreement is initiated and therefore we will not charge you at any time in the future for your previous and concluded artistic graphics purchase.

Refund Policies

All AvatarHead.com purchases, upon payment, are 100% final and non-refundable. The action of payment for any AvatarHead.com product is recorded as an acknowledgment that the purchaser consents to all legal Terms and Conditions, Policies, Disclaimers included on the AvatarHead.com website and any related pages displayed.

Cancellation

No billing agreement is set up, due to the nature of the transaction. It is a one-time transaction and therefore no cancellation is necessary.

Account Creation

As a purchaser of an AvatarHead.com product, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to AvatarHead.com will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Product Description

We endeavor to describe and display the website and products as accurately as possible. While we try to be as clear as possible in explaining the products, we do not guarantee that the website is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. The materials appearing on AvatarHead.com's pages, marketing materials and product descriptions could include technical, typographical, or photographic errors. AvatarHead.com does not warrant that any of the materials on its pages are accurate, complete, or current. AvatarHead.com may make changes to the materials contained on its pages at any time without notice. AvatarHead.com does not, however, make any commitment to update the materials.

Limitations

In no event shall AvatarHead.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on AvatarHead.com's pages and materials, even if AvatarHead.com or an AvatarHead.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, products, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links To or From This Website

We do not monitor or review the content of other party’s websites which are linked to or from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Our Intellectual Property

The website and products contain intellectual property owned by AvatarHead.com, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the AvatarHead.com. name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the "look and feel." The entire content of our website is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the website and products content or intellectual property, in whole or in part, without our prior written consent, including any and all text, graphics, code, software, video, audio, or other content. The materials contained in the AvatarHead.com platform or products are protected by applicable copyright and trademark law. The following are exclusive trademarks of AvatarHead.com:

  • AvatarHead™

  • Positive Words of Awesomeness™

  • Awesome Words of Positivity™

  • Special Deal of Awesomeness™

Communication

We have several different e-mail addresses for different queries. The best method of communication with us is to submit a support ticket to: 
[email protected]


Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms and Conditions, Policies, Disclaimers and Agreements, or any use by you of the website or products. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the Terms and Conditions, Policies, Disclaimers and Agreements contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of the Terms and Conditions, Policies, Disclaimers and Agreements or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any related agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

By accessing this website and using our services/buying our products you consent to these Terms and Conditions, Policies, Disclaimers and Agreements. If any of these Terms and Conditions, Policies, Disclaimers and Agreements are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions, Policies, Disclaimers and Agreements, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions, Policies, Disclaimers and Agreements or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions, Policies, Disclaimers and Agreements shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site Clients’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

© InterGalactic Copyright 2021 AvatarHead.com - All Rights Reserved