These Terms and Conditions sets out the legal relationship between you (the "User") and Heyoya Ltd. Use of the Heyoya Platform by internet sites which are cooperating with Heyoya ("Site/s") is intended, inter alia, for recommendations, reviews, comments, notifications, and voice messages (hereinafter, “Comments”) to be left by those visiting the Site, and/or related social networks.
By posting Comments via the Heyoya Platform, User enable other visitors of the Site, Heyoya, the Site owners, and advertisers who have a commercial link with Heyoya and/or with Site or its owners, to learn, among other things, about the User’s habits, requirements, tastes and preferences, and to make the surfing experience of the User and of other users, more effective and to promote cooperation among the various parties.
Heyoya may, at its exclusive and absolute discretion, verify the User’s identity and the accuracy of the details provided, inter alia, by identification of the User on different social networks.
By actually using Heyoya, you are giving your consent to Heyoya and/or anyone acting on its behalf, via the technological tools that are at its disposal from time to time, to monitor, examine and analyze the User’s Comments and/or any the internet and/or physical environment in which the User is located from time to time, such as – for example – the User’s IP address and/or the sites which he uses which could indicate the User’s location.
The information gathered by Heyoya includes information regarding the use of the Heyoya Platform made by the User, for example, listening to a Comment, recording a Comment, increasing or reducing volume, etc., as well as information derived the extraneous circumstances relating to the use made of the Platform (for example, the hours in which the Heyoya Platform was in use, the length of time for which it was used, the browser on which use was made, the Heyoya Platform reference and/or the Comments on the social network sites, etc.), and all at Heyoya’s sole and absolute discretion.
Heyoya reserves the unrestricted right to analyze the data gathered by it, in accordance with the parameters determined by Heyoya from time to time.
Gathering information about the User is carried out by using the localStorage services.
Every User of Heyoya is identified by Heyoya and its systems in a different and unique manner, through elements installed on the User's browser. Using and browsing on the Sites will allow Heyoya to receive and coordinate the information that is collated regarding the User, whilst closing the relevant pages will halt the transfer of such information to Heyoya until such time as the pages are reopened.
By their actual use of the Heyoya Platform as a client and/or as a comment recorder, the User irrevocably consents and approves that Heyoya may keep and make use of information that has been collected and gathered by it, at its exclusive discretion, including by transferring it to third parties.
Data collection carried out by consent, and therefore does not constitute an infringement of the User’s privacy.
It is to be clarified that in any event, Heyoya will not be liable for content that is uploaded and/or listened to via the Platform, and the Site owners and its visitors will have no claim and/or demand vis-à-vis Heyoya regarding the use made of the Heyoya Platform.
The use of Heyoya Platform is on an “as is” basis.
Heyoya makes no warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of a course of dealing, custom, or usage of trade, such as warranties that might be inferred from, by way of illustration and not limitation, statements or representations of Heyoya.
Heyoya shall not, under any circumstances, be liable to the User and/or the Site or to any other third party for any direct, special, indirect or consequential damages (including, but not limited to, loss of profits, revenue, business, opportunity or goodwill) resulting from or in any way related to Heyoya Platform. This limitation of liability applies regardless of the legal theory under which such damages are sought, including breach of contract, breach of warranty, negligence, or strict liability.
By using of Heyoya Platform, each of the User and the Site (or anyone on its behalf) irrevocably waives, releases, remises and forever discharges Heyoya and its shareholders, partners, directors, officers, employees, consultants, agents and other representatives and each of their respective successors, heirs, assigns and executors (collectively, the “Releasees”) of and from any and all manner of action and actions, cause and causes of action, rights, omissions, damages, controversies, complaints, claims and demands whatsoever, which they ever had, now has or which it hereafter can, shall or may have against the Releasees, for, upon or by reason of any facts, matters, events, circumstances or actions relating to the use of Heyoya Platform, and inter alia, to matters, events, circumstances or actions which is beyond the Releasees' reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, third parties actions or omissions, or any other force majeure event.
Each of User and Site declares, confirms and commits that if it or anyone else in its name should deliver any action or claim against the Releasees with respect to the use of Heyoya Platform, it shall reimburse the Releasees to the full extent of the sum of the claim and to the full extent of the sum of the legal expenses, legal fees and any other expense, damage or loss that shall as a result be caused to the Releasees.
Heyoya's services are made available on month-to-month, or year-to-year basis according to Heyoya package you choose.
Billing would be done on a monthly basis, commencing on the day of the month your account was initially created.
All subscriptions charges may be cancelled at any time, by written notice to Heyoya at email@example.com.
A cancellation notice will only be effective to future billings, and it will take place from the following billing period.
> There will be no refunds or credits for partial months of Heyoya service.
Heyoya, at its sole and absolute discretion, has the right to change the price of its services, including but not limited to monthly subscription fees, within 30 days prior written notice from us.
Heyoya may modify and/or update, add to or subtract from these Terms and Conditions and the information located thereon, at its exclusive discretion without any prior notice.
Heyoya may remove and/or limit the use of Heyoya Platform for a limited period or permanently at its exclusive discretion and without prior notice.
Heyoya Platform is provided through remotely based internet services coming from Heyoya' and third party servers.
At its exclusive discretion, Heyoya may discontinue these services at any time or restrict access to these services to paying subscribers only or in line with any other business model on which it decides.
Using Heyoya Platform constitutes your irrevocable agreement to that which is stated in these Terms and Conditions and to the content of this section in particular.
If these Terms and Conditions are not acceptable to User for any reason whatsoever, User is requested to make no use of Heyoya Platform. Failure to do so, constitutes, as stated, an agreement for use and an agreement to all the conditions detailed in these User Terms and Conditions.
The laws of England and Wales will apply exclusively to these License Terms.
To be in contact
If you have any question or query, you can contact Heyoya by email at firstname.lastname@example.org.
Further information regarding Heyoya, its services and products can be found at the internet site: http://www.heyoya.com.