- TERMS OF
Our Services are not intended to be used by children under 13 years of age. By using the Services, you represent that you are over 13 years old and that you are legally able to enter into this agreement. If we learn or have reason to suspect that a user is under the age of 13, we will promptly delete any personal information in that user’s account. If you are between 13 and 18 years of age, you represent that you have permission from your parent or legal guardian to use our Services.
As part of our Services, you can choose to provide us with information and data about yourself, including through posting information on online forums. By providing us with this information, you grant us a license at no cost to use the materials you provide to the extent that such use is necessary to provide you with the Services and for our business development purposes. This license includes the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your information. By posting or otherwise distributing information about yourself, you represent that you own, or are authorized to distribute, the information.
We have procedures in place to address allegations of copyright infringement occurring on our Services. We reserve the right to suspend and/or terminate the account of any user who is found to have infringed on your rights, our rights, or the rights of a third party, or otherwise violated any intellectual property laws. If you have a good faith belief that your rights or the rights of a third party have been violated on our Services and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide the following information to our designated agent at:
Unlock Your Heart
PROPERTY RIGHTS OF OTHERS
While using the Services, you agree to respect the intellectual property rights of others. You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s intellectual property or proprietary rights. If you do not respect a third party’s intellectual property or proprietary rights, you shall be solely responsible for any violations of relevant laws and for any infringement of third party rights caused by any content that is provided or transmitted using your name or account.
- THIRD PARTY
SITES AND APPLICATIONS
As part of the Services, we may post information from third party sites and/or applications. However, we do not have control over any third party websites, applications, materials, or data. Because we do not have control over the content and performance of these third parties, we make no guarantees about the accuracy, currency, content, or quality of the information provided by them, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
- HOW YOU CAN
TERMINATE YOUR ACCOUNT
You are free to terminate your account at any time by requesting such termination by emailing us. We will terminate your account, and your associated data, if requested, within a reasonable amount of time of receiving such request.
OF YOUR ACCOUNT FOR IMPROPER USE
- ACCOUNT AND
To access some of the Services, you may create an account that will be associated with a password. You are solely responsible for keeping your password confidential. You may not use the account or password of someone else and you agree to notify us immediately of any unauthorized use of your account or password. You agree that we shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
- IMPROPER USE
OF THE SERVICES
You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services.
- CONTENT MUST BE APPROPRIATE
Through your participation in online forums that are part of the Services, or otherwise, you shall not make inappropriate content available on the Services, including, but not limited to: libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services. If you post this type of inappropriate content, we may remove such content from our servers, and if warranted, terminate your account.
The software in our Services, including all files and images contained in or generated by the Services, and accompanying data (“Software”) are our property. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use the Software for your personal home use. You may not use the Software for non-personal, commercial use. You may not sell, redistribute, or reproduce the Software. You also may not decompile, reverse-engineer, disassemble, or otherwise convert the Software without our permission. This section does not apply to any component of Software that may be offered under an open source license.
OF WARRANTIES; “AS IS”
We intend to provide you with a fulfilling user experience, but we can’t guarantee that to you. WE ARE MAKING THE SERVICES AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES. WE DO NOT WARRANT THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
In the event that a third party brings a claim against us related to your actions, content, or information in connection with your use of our Services, or any actions, content, or information originating from your account, you agree to indemnify, defend (at your sole expense), and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
These Terms shall be governed by the laws of the State of New Mexico, without regard to conflict of law provisions.
In the event that you have a dispute with us, we want to try to work it out informally first. Thus, you agree to resolve any dispute, claim or controversy arising out of or relating to these Terms as follows: first, you agree to attempt in good faith to resolve the dispute through informal resolution by contacting us with the details of your dispute, and we will respond to you within a reasonable amount of time. Second, if the dispute is not resolved through informal resolution, you agree to attempt in good faith to resolve the dispute through mediation administered by the American Arbitration Association under its Commercial Mediation Procedures, the costs of which shall be divided equally between the parties. Third, if the dispute is not resolved through informal resolution and mediation, you agree to participate in binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. In the event of arbitration (or in the event of a lawsuit if this arbitration clause is deemed invalid or does not apply to a given dispute) the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Either party may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described in this section.
- CHANGES TO
We reserve the right to change these Terms from time to time. Any time that we plan on making a change to these Terms in any manner that will significantly change your rights, we will notify you by email at least two weeks prior to implementing such change. If you continue to use the Services after that two week period, you consent to the new Terms. During the two week period, we welcome your input on our proposed changes by emailing us. We will always have the latest Terms posted on the unlockyourheart.com website.
The headings in these Terms are for reference and informational purposes only and shall not have any affect in on the meaning or interpretation of these Terms.