EcstaticHearts.com Terms and Conditions
Welcome to EcstaticHearts.com. To ensure that you enjoy the highest standards of quality and service during your visits to this Ecstatic Hearts Web site, we encourage you to read through the following information. These legal notices spell out the terms and conditions to which Users are expected to adhere.
TERMS OF SERVICE
SECTION 1 – ECSTATICHEARTS.COM’s CONTENT
(a) The contents of EcstaticHearts.com (“Ecstatic Hearts “) Internet service (“the Service”) are intended for the personal, noncommercial use of its Users. All materials published on EcstaticHearts.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as “The Content”) are protected by copyright and other intellectual property laws, and are owned or controlled by Ecstatic Hearts, or the party credited as the provider of the content, software or other materials. User shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service. Any special rules for the use of certain software and other items provided on the EcstaticHearts.com Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Ecstatic Hearts. All rights not expressly granted herein are reserved to Ecstatic Hearts and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
(b) User may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Ecstatic Hearts, or the copyright holder identified in the individual Content’s proprietary notices including copyright notice.
(c) The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in this Terms of Service, User may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms of Service), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
(d) EcstaticHearts.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Ecstatic Hearts at support@EcstaticHearts.com.
SECTION 2 – PUBLIC AREAS: FORUMS AND DISCUSSIONS
(a) If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Ecstatic Hearts is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. Ecstatic Hearts reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Ecstatic Hearts has no liability or responsibility to users of the EcstaticHearts.com Site or any other person or entity for performance or nonperformance of any activities that violate the law.
(b) User shall not upload to, or distribute or otherwise publish through, the Service any Content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or otherwise violates any law. Please use your best judgment and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive or hateful language. Bulletin boards within these sites and services are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. Ecstatic Hearts does not endorse the opinions placed on these bulletin boards. User acknowledges that any submissions (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by Ecstatic Hearts. In addition, user warrants that all moral rights in any uploaded materials have been waived.
(c) The Forums shall be used only in a noncommercial manner. User shall not, without the express approval of Ecstatic Hearts, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with Ecstatic Hearts and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
(d) While EcstaticHearts.com does not and cannot review every message posted by Users in the Forums and is not responsible for any content of these messages, Ecstatic Hearts reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this User Agreement, or are abusive, defamatory, obscene or otherwise unacceptable at their discretion. Users shall remain solely responsible for the content of their messages.
SECTION 3 – USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant–or warrant that the owner of such content has expressly granted–Ecstatic Hearts a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Ecstatic Hearts may sublicense its rights through multiple tiers of sublicenses.
SECTION 4 – LINKS TO OTHER SITES
EcstaticHearts.com contains links to other related World Wide Web Internet sites, resources and sponsors of Ecstatic Hearts. Selection of an ad banner or link may redirect User off of EcstaticHearts.com to a third party. EcstaticHearts.com does not endorse the content on any third-party websites. Ecstatic Hearts is not responsible for the content of linked third-party sites, sites framed within the EcstaticHearts.com Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of Ecstatic Hearts. Because Ecstatic Hearts is not responsible for the availability of these outside resources or their contents, User should direct any concerns regarding any external link to its site administrator or Webmaster. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
SECTION 5 – REPRESENTATIONS AND WARRANTIES
(a) User represents, warrants and covenants (a) that no materials of any kind submitted by User or Ecstatic Hearts ’s use thereof in accordance with the terms and conditions of this User Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that user is at least 18 years old. User hereby indemnifies, defends and holds Ecstatic Hearts and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. User shall cooperate as fully as reasonably required in the defense of any claim. Ecstatic Hearts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
(b) Ecstatic Hearts neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any User, information provider or any other person or entity.
(c) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ECSTATICHEARTS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECSTATICHEARTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECSTATICHEARTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECSTATICHEARTS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ECSTATICHEARTS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECSTATICHEARTS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
(d) User hereby acknowledges that use of the Service is at User’s sole risk.
SECTION 6 – THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of the EcstaticHearts.com Site, such as text, graphics, images, information obtained from Ecstatic Hearts’s licensors, and other material (“Content”) contained on the EcstaticHearts.com Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the EcstaticHearts.com Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Ecstatic Hearts does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Ecstatic Hearts, Ecstatic Hearts employees, others appearing on the Site at the invitation of Ecstatic Hearts, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials which you find sexually explicit or otherwise offensive. Ecstatic Hearts, its licensors, and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.
SECTION 7 – CHILDREN’S PRIVACY
We are committed to protecting the privacy of children. You should be aware that this Site 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.
SECTION 8 – USE OUTSIDE THE UNITED STATES
Ecstatic Hearts is a subsidiary of Lion Share Consulting LLC which is based in Delaware, in the United States of America. Ecstatic Hearts makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the EcstaticHearts.com Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Representations and Warranties, User Submissions, Jurisdiction, and Complete Agreement.
SECTION 9 – YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EcstaticHearts.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use EcstaticHearts.com only with involvement of a parent or guardian. EcstaticHearts.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
SECTION 10 – SOFTWARE LICENSES
User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access the Service (“Access Software”). User may not sublicense, assign or transfer any licenses granted by Ecstatic Hearts, and any attempt at such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software.
SECTION 11 – TERMINATION
(a) Ecstatic Hearts may, in its sole discretion, terminate or suspend User’s access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Service.
(b) Users of EcstaticHearts.com acknowledge that site administrators have the right to terminate use without notice for any User who restricts, inhibits or disrupts any Ecstatic Hearts event or attempts to alter or improperly access any feature or function of the site. A User’s access may also be subject to termination if the User posts or transmits any illegal content; harasses or threatens any EcstaticHearts.com User or Ecstatic Hearts employee; posts content (including the creation of usernames) that is offensive or otherwise disruptive of EcstaticHearts.com’s activities; posts unsolicited advertising; or improperly impersonates a Ecstatic Hearts employee or other individual.
SECTION 12 – JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with Ecstatic Hearts, or in any way relating to your use of the EcstaticHearts.com Site, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving Ecstatic Hearts or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
SECTION 13 – COMPLETE AGREEMENT
Thank you for your cooperation. We hope you find the EcstaticHearts.com Site helpful and convenient to use! Questions or comments regarding this website should be directed by electronic mail to support@EcstaticHearts.com or via U.S. mail to 302 E. Park St., Cedar Park TX 78613.
(c) 2015 Ecstatic Hearts. All Rights Reserved.