Terms of Use

HEARTS-CONNECTED TERMS AND CONDITIONS OF USE AGREEMENT

Last Revised: November 06th 2016

 

This Agreement governs the use of the Service and access to the Website; Please read this Terms of use agreement carefully and completely, by accessing or using our sites and our services, you agree to be bound by these Terms and all Terms incorporated by reference. If you do not agree to all these Terms, do not access or use our sites or our services.

 

Welcome to Hearts-Connected.com 18+ Network the service for single adults to meet each other online, operated by Hearts-Connected.com, in the case of users originating from within Canada, and Hearts-Connected.com International Services Limited, in the case of users originating from outside of Canada and the United States (each the “Company” or ” Hearts-Connected.com”). Your agreement to all the terms and conditions of this agreement (“Agreement”) is required before You can use the Hearts-Connected.com Service (Herein after referred to as the “Service”, “Website”, or “Site”). Your agreement is required before the operators of Hearts-Connected.com will grant You authorized access to their computer databases to obtain or use copies of photographs, video, text or graphics (“Content”) offered in, at or through the Website. This Agreement includes the Company’s Privacy Policy, our Dating Safety Tips published on the Website and terms disclosed and agreed to by you if you become a subscriber or if you purchase or accept additional features, products or services we offer on the Website, such a specific terms and terms governing features, billing, free trials, discounts and promotions. If You do not agree to the terms and conditions, set forth below, You will not be authorized to use the “adults only” portions of the Website nor will You have permission to access the servers hosting Hearts-Connected.com or view, download or otherwise use any “adults-only” Content available in, at Hearts-Connected.com or through the Website.

 

ACCEPTANCE OF TERMS OF USE AGREEMENT.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by Hearts-Connected.com from time to time, such modifications to be effective upon posting by Hearts-Connected.com on the Website. This Agreement includes Hearts-Connected’s Acceptable Use Policy for Content Posted on the Website, Hearts-Connected’s Privacy Policy, Hearts-Connected’s subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.

 

By accessing Hearts-Connected.com which is operated, hosted or powered by the Hearts-Connected Ltd (where the context requires, the “Website”), by using any services available on this Website (the “Service”), is deemed to refer to using of the Service by means of a computer, a mobile device or a mobile application, you agree to be bound by these Terms of Use (this “Agreement”). whether or not you register as a member of Hearts-Connected.com (“Member”). If you wish to become a Member and make use of the Hearts-Connected.com service (the “Service”), You should also read the Hearts-Connected Privacy Policy , which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Hearts-Connected Privacy Policy of Herts-Connected.com site or using any services provided by the owners or operators of the website, you will be expressly signifying that you agree to all the following Terms conditions and other provisions, set forth in this agreement, Please ensure that you have understood them and If you do not agree to these Terms, do not use the Website or the Service and please cease use of the Service immediately

 

USE OF THE SERVICES

You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, Canada, United States export control laws. Use of the Services is void where prohibited.

Links. The Service may provide, or third parties may provide, links to other Internet sites or resources. Because Hearts-Connected.com has no control over such sites and resources, you acknowledge and agree that Hearts-Connected.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Hearts-Connected.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

 

RIGHT TO USE.

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. If you are a non-resident of Canada then your right to access the Services, and in particular log in or access any database, is limited and restricted to a location situated outside of Canada. Any use of a database by a non-resident of Canada from a location within Canada is expressly prohibited.

 

 

ELIGIBILITY.

This Privacy Policy Statement sets forth the policies and practices with respect to information or data gathered regarding paying subscriber and non-paying subscribers of this Site. This is an adult Site that expressly and strictly limits its membership to adults. All persons under the age of majority in their jurisdiction are strictly prohibited from accessing or viewing the contents of this Site.This Site does not knowingly seek or collect any personal information or data from persons under the age of majority (18).

 

CUSTOMER SERVICE.

Hearts-Connected.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the Skype, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

 

MEMBER ACCOUNT.

You will create only one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4 below) or other communications made in connection with your use of the Services. Additionally, you will not include your last name in your dating profile. You understand and agree that anyone may be able to view any information you choose to make publicly available.

 

If you have any questions or comments about this Terms of Use Agreement, you may contact Hearts-Connected by writing to us at Hearts-Connected, Ltd, Attn: Customer Service – Terms of Use, Ontario, Canada, Also can be contacted by email using info@hearts-connected.com for marketing & PR.

 

DEFINITION.

– “Website” means the website Hearts-Connected.com

– “Terms” means the terms and conditions set out herein.

– “Service” means the Website and App owned and managed by H-C.

– “App” means the Hearts-Connected mobile application available on iPhone.

– The definition of service use is where you have sent or read a message using the site’s internal messaging system.

– “Subscriber” means a User who has either paid the relevant Fee or on whose behalf another User has paid the relevant Fee.

– “Period” means a 1 week, 1, 3, or 6 month period in respect of the relevant Subscription commencing on the date of payment of a Fee.

– “Subscription” means a subscription by a Subscriber for the use of the additional features and functionalities on the Service in respect of each Period.

– “User” means any person who registers their details with the Service including but not limited to the Subscriber and thereby agrees to comply with these Terms.

– “Use” means registering and updating Profiles, looking at the Profiles of other Users, contacting other Users, H-C or its employees and / or its agents and making payment of the Fee to H-C.

– “Fee” means a fee for the Subscription based on the relevant Period as set out in the price list located on the page here and on the payment and upgrade pages of the Service, and payment of which shall entitle a User to be a Subscriber for the relevant Period(s).

– “Profile” means the information held by H-C about a User, such information having been submitted by either (i) the User to whom the information relates, or another User, permission having been obtained by H-C from the User to whom the information relates prior to such User’s information being made available to other Users.

– “H-C” means Hearts-Connected.com Limited, a company registered in Canada with Canada Revenue Agency, Business number, whose Head Office, Ontario, Canada.

 

SUBSCRIPTIONS AND ACCOUNT BILLING CHARGES.

If you become a Hearts-Connected member and pay by credit or debit card (or other payment method associated with an automatically renewing subscription), your subscription will automatically renew for certain periods of time if you do not cancel prior to the end of the Term. See below for more information on the automatic renewal Terms applicable to subscriptions.

This agreement contains a mandatory arbitration of disputes provision applicable by Law that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions

 

REAFFIRMATION OF AUTHORIZATION.

Your non-termination or continued use of the Service reaffirms that Hearts-Connected.com is authorized to charge your Payment Method. Hearts-Connected.com may submit those charges for payment and you will be responsible for such charges. This does not waive www.Hearts-Connected.com’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.

 

You must be at least 18 years of age to access and use the Service. You must also be single or separated from your spouse to use the Service. Any use of the Service is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service.

 

Membership in Hearts-Connected.com is for adults only and void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and furthermore certify that:

 

– You shall not permit any unauthorized person(s) to access the Site through Your actions or omissions.

– You choose to access the Site voluntarily, because you want to view, read or hear the various materials, which may be available, for your own personal enjoyment, information, entertainment education.

– You have not notified Canadian and any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.

– In Your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.

– You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards.

 

BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT:

– You are at least 18 years old.

– You have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity.

– You have not previously been suspended or removed from the Services.

– You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

– You are not a competitor of Hearts-Connected.com and are not using the Services for reasons that are in competition with Hearts-Connected or other than for its intended purpose; and

– You are not located in, under the control of, or a national or resident of any country which the United States has embargoed, identified as a “Specially Designated National” or placed on the Commerce Department’s Table of Deny Orders.

 

MEMBERSHIP ANS SUBSCRIPTION.

You may register as a Member at no cost. As a member, you may use some, but not all, of the features and services available within the Service. To access or use additional features and services, including the ability to communicate with other Members that are subscribers, you must become a paying subscriber to the Service. On the Website, we sometimes refer to subscribing as “upgrading”. Please see the “Upgrade” (or similar) page on the Website for a description of the current subscription plans and their prices. The subscription policies that are disclosed to you in subscribing to the service are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are not a subscriber, you will not be able to use all the features and services available within the Service, including communicating with other Members, and a subscriber, non-subscribing Members will not be able to use the Service to communicate with you. A Member profile (both subscribers and non-subscribers) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge and agree that although a Member’s profile may be viewed, you may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.

 

You are solely responsible for any Content that you publish or display on the Service or that you transmit to other Users. Please remember that H-C is a public site and therefore profiles & photos may be available publicly.

It shall be at Hearts-Connected’s sole discretion whether to accept any Content, including Profiles and Photos. In the event that any Content is not accepted by us, we may contact you to explain the reasons for this, but shall be under no obligation to do so. Under such circumstances, provided that you have not breached any of these Terms, the relevant Fee shall not be payable and shall, where relevant, be reimbursed.

You must not provide any false information in respect of your name, age, build, height, marital status, date of birth, phone number, postcode or location to H-C. In the event that Hearts-Connected has reason to suspect that you have provided false information, or that you are not single, H-C reserves the right to terminate your Use of the Service and/or disable your Profile without notice.

 

YOUR INTERACTIONS WITH OTHER MEMBERS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

NO RESPONSIBILITY.

The Company is not responsible for the conduct of any Member. As noted in and without limiting Sections 16 and 18 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another Member. In addition, you agree to review and follow the Company’s Dating Safety Tips, located on the Website, prior to using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.

 

PROPRIETARY RIGHTS.

The Company owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright trademark and other intellectual property notices.

 

The Company may terminate or suspend your subscription and/or membership in the Service at any time without notice if you breach, or if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. The Company is not required to disclose and may be prohibited from disclosing, the reason for the termination or suspension of your account.

After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

 

ONLINE EMISSARIES: HEARTS-CONNECTED.COM UTILIZES VIRTUAL PROFILES THAT DO NOT CORRESPOND TO ACTUAL MEMBERS.

 

YOUR INTERACTIONS WITH OTHER MEMBERS REMINDER.

  1. All visitors to or users of our Sites or Services, whether registered or not, are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.

 

  1. Acknowledgement Of Sexual Content You hereby acknowledge that the Content made available at, in, through and in association with Website by the Company and/or other parties that may provide Content available at, in, through or in association with the Website (“Affiliated Content Providers”) and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing.

 

  1. Age-Restricted Materials And Age Restricted Access No persons under the age of 18 (Eighteen) years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by the Company or Affiliated Content Providers or place any orders for any goods or services advertised in, at, through or in linked association with, the Website.

 

  1. Affirmation That You Are An Adult YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY).

 

  1. You acknowledge that you understand that there are commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (The preceding link is provided for information purposes only and is not intended as an endorsement of these entities, their services, or policies. Hearts-Connected Ltd. is not affiliated with them.).

 

PRIVACY AND COMMUNICATIONS.

Use of the Website and/or the Service is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the Hearts-Connected.com Privacy Policy for more information regarding these communications. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.

 

CONTENT POSTED BY YOU ON THE WEBSITE.

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post on the Website or as part of the Service, or transmit to the Company or any other Member (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false. You are solely responsible for your interactions with other Users. H-C reserves the right, but has no obligation, to monitor any dispute between you and another User (s).

 

You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website or the Company. The Company may restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.

By posting Content on the Website or as part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute such Content, prepare derivative works of, or incorporate into other works, such Content, and grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.

In addition to the types of Content described in Section above, the following is a partial list of the kind of Content that is prohibited on the Website. You may not post, upload, display or otherwise make available Content that:

 

  1. Promote any illegal activities.
  2. Profile inappropriate e.g. names or contact details.
  3. Harasses or advocates harassment or intimidation of another person.
  4. Displays pornographic or sexually explicit material of any kind.
  5. Expresses or implies that any statements made by you are endorsed by H-C.
  6. Promotes any conduct that is abusive, threatening, obscene, defamatory or libelous.
  7. Requests money from, or is intended to otherwise defraud, other users of the Website or Service.
  8. Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  9. Manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files.
  10. Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity.
  11. Solicits passwords or personally identifying information from other Users for commercial or unlawful purposes.
  12. Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
  13. Contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page).
  14. Information that is false or misleading or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
  15. Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them.
  16. Provides material that exploits people in a sexual violent, other illegal manner or solicits personal information from anyone under the age of 18.
  17. Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian).
  18. Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities).
  19. Publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  20. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18 (Eighteen).
  21. Provides information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files.
  22. Engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of H-C.
  23. Instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses.
  24. Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges
  25. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.
  26. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.
  27. Provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else’s privacy or providing or creating computer viruses.
  28. By publishing or displaying any Content on any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to H-C an irrevocable, perpetual, non-Exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and Authorize sublicenses of such Content. In respect of any such dealings by H-C and its sub-licensees, you hereby unconditionally and irrevocably waive any moral rights which you may have in the content under the Canadian, U.S. Copyright Designs and Patents Laws and any similar or corresponding foreign rights.
  29. Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential Information).

 

IMPORTANT ACCESS AND USE RESTRICTIONS.

You acknowledge and agree that You may only access, view, download, receive materials available at, in or through the Website, including Content provided by Website Content Providers, only in accordance with these terms and conditions and other restrictions set forth in this Agreement and otherwise posted on the Website, including specific terms and condition associated with the acquisition of Website Content Provider’s Content, and posted revisions of this Agreement. You may access and use the Website only on one computer at a time and You may make only a single copy of the parts of the Website You access for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use content for any commercial purpose whatsoever. You may not re-publish or provide any parts of the Website or any Website Content Providers’ Content to any other person without express prior written authorization by the Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website or Website Content Provider’s Content, in whole or in part, on any web page, including on any personal web page You may own or be affiliated with, including but not limited to any social network page (e.g. Facebook or Myspace), regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.

 

ACCOUNT SECURITY.

You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are solely responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined in Section below). You agree to pay all charges that accrue to your account through your use or the use of those authorized by you as well as You agree:

 

  1. To immediately notify Hearts-Connected if you suspect any unauthorized use of your username or password or any other breach of security.
  2. To ensure that you exit from your account at the end of each session.
  3. Not to use the account, profile, username or password of any other user or Member.
  4. To use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that Hearts-Connected is not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account. never use the same password on multiple sites or services and change your password frequently.
  5. Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.

 

MONITORING OF INFORMATION.

We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.

 

TERMINATION OF YOUR LICENSE TO USE WEBSITE.

You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website at Our sole discretion, and You may be referred to appropriate law enforcement agencies.

 

FEES AND CANCELLATION

sage or subscription fees might have been charged to you upon registration. You hereby acknowledge and agree that unless you were terminated for violating the Site’s Term and Conditions of Use if you cancel your Membership, or if your Membership is cancelled by Hearts-Connected.com, your username and password will be removed from the system at the end of the then current Membership period and that you will be entitled to receive the full benefits of your Membership until the end of such period, unless you were terminated for violating the Site’s Term and Conditions of Use. You agree that if you cancel at any time after purchasing a Membership to Hearts-Connected.com (for example, 20 minutes after you sign up), you will still be charged the full Membership fee for the applicable period.

 

To cancel your monthly Membership you must notify Hearts-Connected.com of your cancellation by e-mail to the billing department at least Five (5) Days before the expiration date of your then current Membership term. To cancel this agreement, mail or deliver a signed and dated notice, which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice must be emailed to info@Hearts-Connected.com

 

TERMS AND TERMINATION.

  1. This Agreement will remain in full force and effect while you use the Service and/or are a Member.

 

  1. You may change or cancel your membership at any time, for any reason, by following the instructions on the “change/ cancel membership” or similar page on your “Account Settings” page. You may change or cancel your subscription at any time online by following the instructions on the “Subscription” page on your “Account Settings” page. You may also cancel your membership by sending the Company written notice of cancellation to Hearts-Connected, Ontario, Canada or by email notice of cancellation to Customer Care info@Hearts-Connected.com . If you cancel your membership via the Website, we may ask you to provide a reason for your cancellation. If you cancel your subscription, the Company requires a reasonable amount of time to process the action. If you cancel a subscription, you may enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment. If you paid for your subscription using a multi-payment option, you must make all payments even if you cancel your subscription prior to the end of your then existing subscription commitment period.

 

  1. Canceling a subscription does not automatically cancel your membership. If you are a subscriber and you cancel your subscription but not your membership, unless you elect to hide your profile, you will continue to be a Member in the Service and others may view your profile. If you hide your profile, other Members will not be able to view your profile until you “unhide” your profile. If you cancel your membership, your profile will be removed, and other Members will not be able to view your profile. You will be able to use your current registration information to “unhide” your profile and reactivate your membership for one year. A Member can hide his or her profile or cancel his or her membership and remove their profile at any time by following the instructions contained on the “Account Settings” page on the Website.

 

  1. The Company may terminate or suspend your subscription and/or membership in the Service at any time without notice if you breach, or if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. The Company is not required to disclose and may be prohibited from disclosing, the reason for the termination or suspension of your account.

After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

 

COMPANY IS NOT RESPONSIBLE.

The Company is not responsible for the conduct of any Member. As noted in and without limiting Sections 16 and 18 below, in no event shall the Company be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another Member. In addition, you agree to review the Company’s Dating Safety Tips , located on the Website, prior to using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.

 

PROPRIETARY RIGHTS.

The Company owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, disclose, use, create any derivative works from, make commercial use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright trademark and other intellectual property notices.

 

COPYRIGHT POLICY.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Hearts-Connected.com‘s Copyright Agent for notice of claims of copyright infringement can be reached as follows: info@hearts-connected.com or Hearts-Connected.com Legal, address.

 

NON-COMMERCIAL USE BY MEMBERS.

The Website and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by the Company or soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Website for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.

 

NO WARRANTIES.

You acknowledge and agree that Hearts-Connected.com is not responsible and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Hearts-Connected.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Hearts-Connected.com assumes 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, user or Member communications. Hearts-Connected.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. Under no circumstances will Hearts-Connected.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Hearts-Connected.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Hearts-Connected.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.

We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Hearts-Connected or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

 

MOBILE SERVICES

You may access and use certain features of the Services using certain mobile devices, including through our SMS service (the “Mobile Services”). Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services.

 

Please note that by accessing or using the Mobile Services, your carrier’s normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for the payment of those fees. If you sign up for our SMS service, we estimate a frequency of approximately 10 messages per month, but the actual number depends on user activity and may vary significantly. To stop receiving SMS messages from us, text STOP address. To get help, text HELP to for instructions. For customer support, please contact us at info@hearts-connected.com or write to info@Hearts-Connected.com. We support the following carriers: T-Mobile®, Verizon Wireless, AT&T, Sprint, Nextel, Boost, Cricket, Alltel, ACG, Cincinnati Bell, U.S. Cellular®, Virgin Mobile, Aliant Mobility, Bell Mobility, Inc., MTS/Allstream Inc., Northern Telephone, Rogers Cantel InSaskTelktel Mobility, Telebec, Telus Mobility, and Virgin Mobile Canada.

 

In the event you change or deactivate your mobile telephone number, you agree to update your account information on Hearts-Connected within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

 

HYPERLINKS

You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the Hearts-Connected websites for noncommercial purposes, provided such link does not portray Hearts-Connected or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Hearts-Connected.com’s logo or proprietary graphics to link to any Hearts-Connected.com website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Hearts-Connected trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without Hearts-Connected.com’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Hearts-Connected or any third party.

 

Hearts-Connected makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of Hearts-Connected and Hearts-Connected is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Hearts-Connected provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, Hearts-Connected including privacy and data gathering practices, of any site to which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk.

 

WEBSITE UPDATE.

Hearts-Connected.com reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions of Use at any time without notice. We will post the changes to these Terms and Conditions of Use and User Agreement on the Terms and Conditions of Use page and will indicate at the top of the Terms and Conditions of Use page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions of Use. If you do not agree to abide by Terms and Conditions of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions of Use and to review such changes

 

MEMBER DISPUTE.

You are solely responsible for your interactions with other Hearts-Connected.com Members. Hearts-Connected.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

LIMITATION ON LIABILITY.

THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENCORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

Affirmation Of Agreement; You acknowledge You Have Read This Entire Agreement. By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of Your credit card for payment of charges for Content and each time You access any restricted part of the Website.

 

Unenforceability Of Provisions You and Company agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of this Agreement shall remain in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).

 

No Authorization To Acquire Content Or Use Adults Only Parts Of The Website Without Full Agreement. You acknowledge and agree that unless You expressly agree with all the terms of this Agreement, You will not be authorized to access the company’s or the company’s agent’s computers or servers to download or otherwise use the Website, to acquire access to the “adults only” portions of the Website, to use any services offered or otherwise provided by or through the Website or to acquire any kind of Content from the Company, any Website affiliates or any Website Content Providers.

 

Non-Waiver You acknowledge and agree that the failure of the Company or any the Website Content Providers or affiliates, or any of either’s assignees or successors, to enforce any of the specific provisions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.

 

Mutually Drafted Negotiation Option; Paragraph Headings. For purposes of construction and interpretation of this Agreement, both You and the Company shall be deemed to have mutually drafted this Agreement and all parts thereof. If You would like to negotiate other terms or otherwise modify this Agreement before providing your assent and agreement, please contact the Company at: Hearts-Connected Ltd. 75 Front Street, Toronto, Unit #349 Canada. You hereby acknowledge and agree that this is not a contract of adhesion and that as a material inducement for Company to provide a license to You to use the Website You hereby agree that You shall not make any claim or support any action on the claim that this Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this agreement. You acknowledge and agree that Company did not require You to enter into this Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that You have either consulted with an attorney prior to agreeing to the provisions of this Agreement or You expressly and knowingly have opted not to seek legal counsel prior to your full agreement hereto. Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.

 

NO THIRD PARTY BENEFICIARIES.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Other and Amendments. This Agreement contains the entire agreement between you and Hearts-Connected.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by Hearts-Connected at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Hearts-Connected.com website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement.

If you are a subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.

 

DISCLAIMERS.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Links. The Website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

 

HEARTS-CONNECTED PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

HEARTS-CONNECTED DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEARTS-CONNECTED DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.

 

HEARTS-CONNECTED DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, HEARTS-CONNECTED DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

 

HEARTS-CONNECTED DOES NOT: GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HEARTS-CONNECTED. UNDER NO CIRCUMSTANCES WILL HEARTS-CONNECTED BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

 

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Hearts-Connected EXPRESSLY EXCLUDES:

All conditions, warranties and other terms whether express or otherwise implied by statute or common law.

Any liability for indirect or consequential loss which are losses that are incurred as a side effect of the main loss or damage.

 

LOSS OF PROFIT AND BUSINESS.

LOSS OF REVENUE OR REVENUE.

LOSS OF GOODWILL AND REPUTATION.

LOSS OF ROMANTIC PROSPECTS..

LOSS OF EXPECTATION.

LOSS OF OPPORTUNITY.

LOSS OF USE.

LOSS OF INFIRMATION AND DATE.

 

Loss arising out of or in connection with wasted management or personal time; any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any claims for direct financial loss that are not excluded by any of the categories set out above.

Nothing in these Terms shall serve to limit or exclude you and H-C’s liability for death or personal injury resulting from your or H-C’s negligence or any liability for fraudulent misrepresentation.

H-C’s maximum aggregate liability to you under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed Cdn, $100.00 (One Hundred Dollars Canadian.)

 

ARBITRATION AND GOVERNING LAW.

Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

 

Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

 

COURT PROCEEDINGS.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the Provincial court located in Hamilton, Ontario. Canada, You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Governing Law. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the Province of Ontario without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Provincial Arbitration Act.

Indemnity by You. You agree to indemnify and hold the Company, its subsidiaries, affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), (b) any postings or Content you post on the Website or as a result of the Service, and (c) the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

 

ENTIRE AGREEMENT-OTHER.

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and the Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. There shall be no third party beneficiaries to this Agreement. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and any rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

 

INDEMNITY BY YOU.

You agree to indemnify and hold Hearts-Connected.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Canada.

You irrevocably submit to the exclusive jurisdiction of the courts of Hamilton, Ontario, Canada to settle any dispute which may arise out of or in connection with these Terms.

 

RIGHTS OF THIRD PARTIES

These Terms do not create any rights under the Contracts (Rights of Third Parties) which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.

 

SPECIAL STATE TERMS.

In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allowable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Hearts-Connected Ltd) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allowable to the period after your disability by providing the company notice at the same address as listed above.

 

H-C shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of H-C. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.

 

ASSIGNMENT.

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Hearts-Connected has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party.

 

MISCELLANEOUS

You may print and keep a copy of these Terms, which form the entire agreement between you and H-C and supersede any other communications or advertising with respect to the Service.

Failure by H-C to enforce these Terms does not constitute a waiver of such right.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

 

AMENDMENT.

This Agreement is subject to change by the Company at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Law. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.

 

NOTICE.

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

 

LANGUAGE OF THE AGREEMENT

The language of this Agreement is English. Where Hearts-Connected has provided this English version of this Agreement, you agree that the provided English version is for your convenience only and that the English language version of this Agreement will govern your relationship with Hearts-Connected. If there is any contradiction between what the English language version of this Agreement says and only this English language version will take precedence.

 

This terms of Use statement covers the Website www.Hearts-Connected.com. If you have questions or concerns regarding this statement, you should first contact our Privacy Officer at info@Hearts-Connected.com

 

Hearts-Connected® and Hearts-Connected logo ™ are trademarks of Hearts-Connected Limited. All rights reserved.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

Hearts-Connected ® Hearts Connected Forever Together® Where Two Souls Meet Forever Together®  and Hearts-Connected logo ™ are trademarks of Hearts-Connected Limited. All rights reserved

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By using our website, you are accepting the practices described in this Privacy Policy.