AGREEMENT BETWEEN USER AND Heartfelt Creations (heartfeltcreations.us)
The Heartfelt Creations Web Site is comprised of various Web pages operated by Heartfelt Creations.
The Heartfelt Creations Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Heartfelt Creations Web Site constitutes your agreement to all such terms, conditions, and notices.
Heartfelt Creations reserves the right to change the content, terms, conditions, and notices under which the Heartfelt Creations Web Site is offered, including but not limited to the charges associated with the use of the Heartfelt Creations Web Site.
All content on the Heartfelt Creations Web Site, such as graphics, logos, images, videos, data, and other material (collectively “Content”) is owned or licensed by Heartfelt Creations and is protected by copyright, trademark, or other proprietary rights. COPYRIGHT 2021 by Heartfelt Creations and/or its suppliers. The collection, arrangement, layout, and design of the Content on this website is the exclusive property of Heartfelt Creations and is protected by U.S. and International Copyright Laws. Heartfelt Creations reserves all intellectual property rights in its Content. Our Copyright Policy can be found at https://www.heartfeltcreations.us/copyright-angel-policy.
Heartfelt Creations grants you a limited license for your personal use of the Heartfelt Creations Web Site and Content for personal noncommercial use only, provided your use does not violate any of these Terms and Conditions, including unlawful or prohibited use as defined in but not limited to the section labeled NO UNLAWFUL OR PROHIBITED USE. You may use Content provided you do not modify, alter, transmit, or remove copyright notices. You may print, copy, and/or download Content from our website provided it is for the sole purpose of placing an order, tracking your orders, or purchasing Heartfelt Creations products. Using, printing, copying, or otherwise appropriating Content from this website for a commercial purpose, whether that commercial purpose benefits you or a third party, constitutes a violation of these Terms and Conditions and may result in legal action. The Heartfelt Creations Web Site is intended for use by individuals over eighteen (18). If you are under the age of eighteen, you may only use the Heartfelt Creations Web Site with assistance from a parent or legal guardian.
Heartfelt Creations does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, download the material from this website, or in any other form or media without Heartfelt Creations prior written permission.
LINKS TO THIRD PARTY SITES
The Heartfelt Creations Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Heartfelt Creations and Heartfelt Creations is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Heartfelt Creations is not responsible for webcasting or any other form of transmission received from any Linked Site. Heartfelt Creations is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Heartfelt Creations of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Heartfelt Creations Web Site, you warrant to Heartfelt Creations that you will not use the Heartfelt Creations Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Heartfelt Creations Web Site in any manner which could damage, disable, overburden, or impair the Heartfelt Creations Web Site or interfere with any other party's use and enjoyment of the Heartfelt Creations Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Heartfelt Creations Web Sites. Violation of any of the terms as stated in the USE OF COMMUNICATION SERVICES constitutes an unlawful or prohibited use.
The Heartfelt Creations Web Site allows the creation of a user account (“Account”) that requires a unique username and password. This Account may be required to make certain purchases, receive discounts, or acquire loyalty benefits. Your username and password are for your use only and are not to be shared with another. As a condition of your use of Heartfelt Creations Web Site, you are agreeing to maintain the confidentiality of your username and password and for restricting access to any computer where this information may be stored. If you feel your Account has been compromised or your username and password have been shared with another, immediately reset your password or contact us at firstname.lastname@example.org Misuse, abuse, or fraudulent activity will result in the termination of Account privileges. In addition, Heartfelt Creations reserves the right, at its sole discretion, to terminate accounts, refuse service, and/or cancel orders.
The Heartfelt Creations Web Site allows you to purchase products made available for sale. The purchasing of products may not require an Account. In order to complete any purchase, you will be asked to supply certain necessary information for your transaction, including a method of payment (such as a credit or debit card), billing address, shipping address. By supplying this information, you are representing that you have the legal right to use the method of payment used to complete the transaction. Heartfelt Creations reserves the right to verify this information before the transaction is completed.
The Heartfelt Creations Web Site has taken great care to take accurate images of the products we offer for sale. We cannot guarantee your computer monitor, tablet, or mobile device will represent these colors accurately.
USE OF COMMUNICATION SERVICES
The Heartfelt Creations Web Site may contain or have links to bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages, and send and receive materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Misrepresent your identity, impersonate another person, user, or entity, misrepresent any affiliation with another person, user, or entity.
- Conduct fraudulent activities.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consent.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices, proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest, scrape, mine, or otherwise collect information about others, including e-mail addresses, without their consent.
- Breach, reverse-engineer, or attempt to breach any privacy or security measures in place.
- Violate any applicable laws or regulations.
Heartfelt Creations has no obligation to monitor the Communication Services. However, Heartfelt Creations reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Heartfelt Creations reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Heartfelt Creations reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Heartfelt Creations' sole discretion.
Always use caution when giving out any personally identifying information about yourself, others, or minors in any Communication Service. Heartfelt Creations does not control or endorse the content, messages or information found in any Communication Service and, therefore, Heartfelt Creations specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Heartfelt Creations spokespersons, and their views do not necessarily reflect those of Heartfelt Creations.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Heartfelt Creations OR POSTED AT ANY Heartfelt Creations WEB SITE
Heartfelt Creations does not claim ownership of the materials you provide to Heartfelt Creations (including feedback and suggestions) or post, upload, input, or submit to any Heartfelt Creations Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Heartfelt Creations, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Heartfelt Creations is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Heartfelt Creations' sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Heartfelt Creations WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. Heartfelt Creations AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Heartfelt Creations WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Heartfelt Creations WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Heartfelt Creations AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE Heartfelt Creations WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Heartfelt Creations AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Heartfelt Creations reserves the right, in its sole discretion, to terminate your access to the Heartfelt Creations Web Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Elkhart County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Heartfelt Creations Web Site. Use of the Heartfelt Creations Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Heartfelt Creations as a result of this agreement or use of the Heartfelt Creations Web Site. Heartfelt Creations' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Heartfelt Creations' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Heartfelt Creations Web Site or information provided to, or gathered by, Heartfelt Creations with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Heartfelt Creations with respect to the Heartfelt Creations Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Heartfelt Creations with respect to the Heartfelt Creations Web Site. A printed version of this agreement, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Heartfelt Creations owns several federally-registered trademarks, common law trademarks, and has other trademark rights pending. The list below is only representative and not exhaustive of all trademark, trade dress, and other common law rights owned by Heartfelt Creations.
ART FROM THE HEART
When you create projects with Heartfelt Creations, you are encouraged to mark your project with a stamp as shown on our Angel Policy. Your use of that stamp is limited by the terms of our Angel Policy and is not to be applied to any project unless Heartfelt Creations’ products and/or materials. Do not use the stamp to misrepresent that your project is made by Heartfelt Creations.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
NOTICE FOR RESIDENTS OF CALIFORNIA
Pursuant to California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have complaints or questions regarding Heartfelt Creations’ website, please refer to the contact information at the bottom of our main page (heartfeltcreations.us) where our mailing address, phone number, and contact email are provided. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.