Cape Infinity Inc, DBA Pivothead ("Pivothead", "we" or "us") provides content streaming and social networking services that enable sharing of live and recorded video and audio content and images and chat via the Internet, mobile and other data means created by, but not limited to, Pivothead’s proprietary content creating hardware (the "Hardware") with delivery through Pivothead’s video service and syndication platform (any and all of the foregoing (the "Services") and our websites accessible at http://www.pivothead.tv, http://pro.pivothead.tv, and http://www.pivothead.com (collectively the "Site")). The Services include Pivothead’s proprietary embeddable video players, Pivothead channels, our software applications and related technology (including any updates, new versions or new releases thereof) including, but not limited to, our SMART Control Application, SMART Broadcast/Viewer Applications, SMART Desktop Software and any other products and services offered by Pivothead via the Site and Services. The Hardware includes, but not limited to, Pivothead’s video recording eyewear, eyewear accessories, and device firmware (including any updates, new versions or new releases thereof).
The following Terms of Use (the "Terms") is a binding agreement between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single entity ("you", or collectively "Users") and Pivothead regarding your use of Pivothead Sites.
By accessing the Site or Service or creating a Pivothead LIVE account and/or by clicking "I agree", you agree to be bound by the Terms. You hereby represent and warrant to Pivothead that you are at least eighteen (18) years of age or and otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms and Conditions. If you use the Pivothead LIVE Service on behalf of a business, you hereby represent to Pivothead that you have the authority to bind that business and your acceptance of these Terms will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in these Terms of Use. In addition, you affirm that you have not been previously suspended or removed from the Site or Services and do not have more than one Pivothead account. If you do not agree to these Terms, do not use the Site or Services.
Pivothead may change or modify these Terms at any time and in our sole discretion. Your continued use of the Site or Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site and Services. If you do not agree to the amended Terms, you must stop using the Site and Services and delete your Pivothead LIVE account.
When using any Pivothead Site and Service, you will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time. All such are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms of Service and any other document that has been incorporated by reference herein, these Terms of Service shall control.
By using the Site or Services you agree to let Pivothead collect information about your usage of the Site and Services. You also agree to let Pivothead collect certain types of information from and about your device. For more information about the information we collect from you and your device and Pivothead’s privacy practices, please review our Privacy Policy.
In order to access some features of Pivothead Sites and Services, you will have to create an account. You must submit a valid email address; select a username and password during the registration process or use a valid social media platform (Facebook®, Google+, or Twitter account) to login. By electing to use these Sites and Services, you agree to provide true, accurate, current, and complete information about yourself as prompted by any registration form for the Site and the Services (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Site and the Services.
You are solely responsible for the activity that occurs through any of your Site or Service accounts. Pivothead and it's affiliates and subsidiaries will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of Pivothead or others due to such unauthorized use. You agree to notify Pivothead immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account by any third party. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Site or Services, or any portion of thereof, and block or prevent your future access to and use of the Site or Services or any portion thereof.
The underlying platforms of the Service are either the proprietary property of Pivothead or the proprietary property of our licensors or licensees. "Pivothead™" and other trademarks, slogans, service marks, trade names, and trademarks which appear via the Service are proprietary to Pivothead. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Pivothead. By using the Pivothead Site or Service, you agree not to copy, scrape, re-post, take screen shots of, save, share, distribute, modify or make derivative works of any Content provided through the Service. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms are reserved by Pivothead.
You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights contained within the Service or its Content or any part thereof to you or any third party nor to authorize you to create derivative works based on Content you do not own.
The Service may contain links to third party websites that are not owned or controlled by Pivothead. Pivothead has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Pivothead will not and cannot censor or edit the content of any third-party site. By using the Site or Service, you expressly relieve Pivothead from any and all liability arising from your use of any third-party website.
The term "Content" as used within these Terms refers to any, action, information, data, communication, video, text, software, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features and/or other materials you may view on, access through, or contribute to the Service. Pivothead is not responsible for the Content of third parties. If you choose to contribute Content to the Service:
You shall be solely responsible for your Content and expressly agree that your Content will not be: (1) defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any third-party; (3) invade the privacy of any other person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful. Pivothead DOES NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE USER CONTENT TRANSMITTED. You also agree that you will not (i) use the Service to spam others or create mass-emails, (ii) continue harmful behavior if you have been warned of such; (iii) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Pivothead servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, and/or (iv) create a false identity or forged email address or header, or in any other way attempt to mislead others as to the identity of the sender or the origin of the message.
You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
Pivothead has the right, but not the obligation, to screen, refuse to post, remove or edit the Content, at any time and for any or no reason at all, at our sole discretion. Pivothead takes steps to monitor Content and keep the Site and Service safe, but Pivothead cannot guarantee their safety. You enter the Site and/or App and use the Site or Service at your own risk. Pivothead reserves the right, but assumes no obligation, to remove Content, which is abusive, illegal or disruptive, or that otherwise fails to comply with these Terms, and to limit or revoke your access in full or in part to the Service, in our sole discretion, at any time, and for any reason, including, but not limited to reasons such as technical difficulties or violation of these Terms. Given that the Site and Service is provided in real-time, Pivothead cannot control, screen, or filter the entirety of the Content on the Site or Service. In addition to any right or remedy that may be available to Pivothead under these Terms or applicable law, Pivothead expressly reserves the right to suspend, limit or terminate your access to the Site and/or the App, at any time with or without notice and with or without cause, including if Pivothead determines, in Pivothead's sole discretion, that you pose a threat to the Site or its users. In addition, Pivothead may refer any information on illegal activities, including your identity, to the proper authorities.
You agree that any feedback, suggestions, ideas or other information or materials regarding Pivothead or the Site or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Pivothead. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
In addition to the other restrictions outlined in these Terms, you agree that you will not;
You further agree to abide by any third-party terms that apply when posting reviews of Pivothead, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service where applicable. Posting Pivothead usernames in app store reviews is strictly prohibited and may result in the deletion of your Pivothead LIVE account.
Pivothead is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
If you are a copyright owner or an agent thereof and believe that any user submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
Pivothead will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, Pivothead will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Pivothead may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to Pivothead's designated agent (the "Designated Agent") that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation to: Pivothead, 7400 E. Caley Ave Denver, CO 80111, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT or by email to Service@Pivothead.com with the words "Attn: Copyright Infringement Designated Agent" in the subject line.
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICE, THE SITE, THE APP THE CONTENT AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. PIVOTHEAD DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THE APP, THE CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Site OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Site or Service may contain the opinions and views of other users. Given the user-generated Content available through the Service and its interactive nature, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content made available through the Site or Service.
Please also note that the Site Service is controlled and offered by Pivothead from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the Pivothead. Pivothead makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You shall release, indemnify and hold harmless Pivothead and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever, known and unknown (including reasonable attorneys' fees) ("Damages") asserted against, imposed upon or incurred by Pivothead and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you, and the use of your Content, including, without limitation, any infringement of any third party's rights by your use of the Service or through Content you provide.. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PIVOTHEAD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PIVOTHEAD WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THE SITE OR IN THE APP, WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY PIVOTHEAD OR ANY THIRD PARTY.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Platform providers, such as Apple Inc. and Google Inc., that make the App available for download ("Platform Providers") are not party to this Agreement. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the App (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Platform Providers are third party beneficiaries of this Agreement, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE SERVICE OR THESE TERMS. These Terms are governed by Colorado law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Colorado law and will be held in Denver, Colorado. The arbitrator will be an expert in the field of Internet services. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There will be no class action arbitration pursuant to these Terms.
Terms Last Updated: July 18th, 2016
