We may from time to time in our sole discretion, change, modify, update, add or remove all or any portion of these Terms without notice to you. Your continued access or use of the Services following any such change constitutes your acceptance of and agreement to be bound to the revised Terms. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modiﬁcations. You can review the most current version of this Agreement by visiting our Website.
1. License to Use Services
Subject to these Terms and conditioned upon your compliance with these Terms, we hereby grant to you a personal, limited, non-assignable and non-exclusive license to access and use the Website and the Services.
2. Access To This Site
To access some or all of the Services, you may be asked to register or provide certain personal identifying information or other information. It is a condition of your use of the Services that all the information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Website or any of the Services, and to terminate or suspend your access at any time. You are responsible for safeguarding the password that you use to access the Services, for any activities or actions under your account and password, and for promptly informing HeartStories if you believe that your account or password has been compromised or if there is any other reason you need to deactivate a password. We will not be liable for any loss or damage arising from your failure to comply with these Terms.
3. HeartStories’ Proprietary Rights
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries, as applicable. All right, title, and interest in and to the Website and the Services and the intellectual property rights and Content therein (excluding User Content), as well as the look and feel of the Website, are and will remain the exclusive property of HeartStories and its licensors, respectively. HEARTSTORIES™ and the HeartStories design and graphics are trademarks of HeartStories. Nothing in these Terms gives you a right to use the HEARTSTORIES name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see ﬁt and without any obligation to you.
4. User Generated Content
You are solely responsible for all Content and communications that you publicly post or privately transmit in connection with the Services (“User Content”). Any use or reliance on Content or User Content by you through our Services is at your own risk. By providing User Content in connection with the Services, you represent and warrant that you have the right to submit the User Content and that the User Content is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
By submitting, posting or displaying User Content on the Website or otherwise through the Services, you grant to us a paid-up, royalty-free, perpetual, irrevocable, worldwide, nonexclusive, unrestricted right and license (with the right to assign and sublicense) to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, to digitally transmit and store all User Content, and to incorporate any User Content in other works in any form, media, or technology now known or later developed, in each case, for any purpose whatsoever (commercial or otherwise), without compensation to you.
You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners. We will not be responsible or liable for any use of your User Content by us in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein in connection with any Content that you submit.
5. Restrictions on Content and Use of the Services
You may not post, send, submit, publish, or transmit in connection with the Services any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to the Website;
- intimidates, bullies, harasses or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- is fraudulent, misleading or deceptive;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- is comprised of or involves the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial e-mail, or violates in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003), except as may be specifically authorized in writing by HeartStories;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- consists of or includes any manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigation structure or presentation of the Website or its contents, authentication and security measures;
- disrupts the normal ﬂow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;
- disobeys any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website, or is otherwise contrary to our image, goodwill or reputation;
- harvest or collect information about any Website visitors or members without their express consent;
- expresses or implies that any of your statements, activities or services are endorsed by us, without our prior written consent in each instance; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
We reserve the right at all times (but will not have an obligation) to remove any User Content on the Website, to suspend or terminate users, and to reclaim usernames without notice and without any liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of HeartStories, its users and the public.
6. Copyright and Intellectual Property Infringements
We respect the intellectual property rights of others and expect the users of our Services to do the same. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. Please review our Intellectual Property Infringement Policy for the procedures required to properly submit a complaint concerning Content posted on our Website or a counter-complaint contesting the removal of Content from our Website.
We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
9. User Representations
You represent and warrant that you possess the legal right and ability to enter agree to these Terms and to use the Services in accordance with these Terms. You agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this Website; (ii) to maintain and update your information to keep it true, accurate, current, and complete; and (iii) to be financially responsible and otherwise responsible for your use of the Services.
You further represent and warrant that you will not provide the name, address, email address, phone number, or other personally identifiable information of any person under the age of 13. Violation of this provision is grounds for immediate cancellation of any orders, goods, and services offered hereunder.
10. Disclaimer and Limitations of Liability
The following disclaimers and limitations of our liability apply to the maximum extent permitted under applicable law. Some jurisdictions do not permit the disclaimer of implied warranties or the limitation of certain liabilities and, therefore, some or all of the following disclaimers and limitations may not apply to you.
DISCLAIMER. THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. YOUR ACCESS AND USE OF THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HEARTSTORIES HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER VIOLATION OF RIGHTS.
HEARTSTORIES MAKES NO REPRESENTATION OR WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (i) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELENESS, OR SECURITY OF THE WEBSITE, THE SERVICES, OR ANY CONTENT OR MATERIAL IN CONNECTION THEREWITH, (ii) THE LIKELY RESULTS, OR RELIABILITY OF THE WEBSITE, THE SERVICES, OR ANY CONTENT OR MATERIAL IN CONNECTION THEREWITH, (iii) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES, (iv) THE DELETION OF OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT, (v) THE AVAILABILITY OF THE WEBSITE OR THE SERVICES ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU UNDERSTAND THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE, THE SERVICES OR HEARTSTORIES SHALL CREATE ANY WARRANTY OR REPRESENTATION.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed in connection with the Services. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of or reliance on any User Content posted, emailed, transmitted or otherwise made available via the Services.
THIS WEBSITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL HEALTHCARE ADVICE. Neither the Services nor any Content (including User Content) is intended to be, and you understand and agree that it does not constitute, the provision or practice of medical, psychological, nursing or professional health care advice or services in any jurisdiction. If you are seeking medical or psychological advice, please consult a professional.
Hyper-Links. Our Website may be hyper-linked to other sites which are not maintained by, or related to, HeartStories. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with HeartStories or the Services. We have not reviewed any or all of such hyper-linked sites and are not responsible for the content of such sites. Any use or access of hyper-links are at your own risk, and we make no representations or warranties about the content, completeness or accuracy of any hyper-links or the sites hyper-linked to the Website. The inclusion of any hyper-link to a third-party site does not imply our endorsement of that site.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OUR SERVICE PROVIDERS, SUPPLIERS, AND DISTRIBUTORS (AND THE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS OF THE FOREGOING) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (i) THE USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES, OR (ii) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE AMOUNT PAID BY YOU, IF ANY, TO HEARTSTORIES IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. UNDER NO CIRCUMSTANCES SHALL WE, OUR SERVICE PROVIDERS, SUPPLIERS, AND DISTRIBUTORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
THESE LIMITATIONS OF LIABILITY SHALL APPLY IRRESPECTIVE OF WHETHER WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES.
12. Terminating these Terms
The Terms shall continue to apply until terminated by either you or HeartStories as follows.
You may cancel your account and end your legal agreement with us at any time for any reason by providing us with written notice that you are terminating your accounts and discontinuing your use of the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including without limitation, our reasonable belief: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you via the email address associated with your account or the next time you attempt to access your account.
In all such cases of termination of your account, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 4, 5, 8, 9, 10, 11 and 12. You shall also remain responsible for any outstanding fees, charges or penalties owned to us.
Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided in the introductory paragraph above.
13. General Terms
Waiver and Severability. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated only to the minimum extent necessary to comply with applicable law, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction. These Terms and any act or omission related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Dallas County, Texas, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.