For purposes of this Agreement, "HeartsOfTwo.com", "HeartsOfTwo", "HeartsOfTwo.com" refer to one and the same entity and may be used interchangeably. Once you agree to all provisions of this Agreement, and click on "Sign Up" or "Find Your Matches" button, you will be bound by this Agreement whether you register as a HeartsOfTwo member ("Member") or not.
This Agreement sets out the legally binding terms of your use of the HeartsOfTwo website ("Website") and your membership in the Service, and may be modified by HeartsOfTwo from time to time. Such modifications are to be effective upon posting on the Website.
- Eligibility. You must be eighteen or over to register at HeartsOfTwo. Membership in the Service is void where prohibited. By using the Web 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.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member of HeartsOfTwo. You may terminate your membership at any time, for any reason, effective upon receipt of your written notice of termination by HeartsOfTwo Customer support staff. HeartsOfTwo may terminate your membership for any specified reason, effective upon sending a notice to your email address provided at registration, or to any other email address provided by you to HeartsOfTwo staff. If your membership at HeartsOfTwo is terminated by reason of violation of this Agreement, or at your request, you will not be entitled to receive any refund of unused credits or paid fees for using HeartsOfTwo additional services. Unused credits expire 365 days after their purchase date. Notwithstanding your membership being terminated, this Agreement will remain in full effect.
- Non-Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and are not entitled to use the Service or the Website for any purpose. Illegal and/or unauthorized use 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 will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- Proprietary Rights in Content. HeartsOfTwo owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of HeartsOfTwo and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Website.
- You understand and agree that HeartsOfTwo may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of HeartsOfTwo violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of HeartsOfTwo you automatically grant, represent and warrant that you have the right to grant to HeartsOfTwo an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of Content that is illegal or prohibited on the Website. HeartsOfTwo reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without prior written consent from HeartsOfTwo such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- You may not include in your correspondence with other members any URLs, email addresses or telephone and fax numbers.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although HeartsOfTwo cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, HeartsOfTwo reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which HeartsOfTwo deems appropriate in its sole discretion.
- To ensure the quality of the service we provide, your Phone Call, Video Date, or Live Chat may be recorded.
- 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 supply HeartsOfTwo' 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.
- Member Disputes. You are solely responsible for your interactions with other HeartsOfTwo Members. HeartsOfTwo reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. HeartsOfTwo is not responsible for 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. HeartsOfTwo is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. HeartsOfTwo 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. HeartsOfTwo 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 Web and/or in connection with the Service. Under no circumstances will HeartsOfTwo 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.
- To provide the Service, HeartsOfTwo purchases services from various agencies (collectively, "Suppliers"). The Suppliers providing services for HeartsOfTwo are independent contractors and are not agents, or employees of HeartsOfTwo. HeartsOfTwo is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver services, or their partial or inadequate delivery of services. According to HeartsOfTwo contract (Terms of Agreement) with its Suppliers, rendering of Suppliers' contact information is prohibited. Services of HeartsOfTwo respected Suppliers are defined by the HeartsOfTwo' and Suppliers' terms of Agreement as:
- Suppliers provide full, accurate and legitimate information required for the registration of the female Members at HeartsOfTwo prior to their registration according to the terms of Agreement.
- Suppliers provide full, correct and quality translation of all correspondence of their female Members and their prospective soul-mates, Members of HeartsOfTwo.
- Suppliers provide additional services in accordance to the terms of Agreement with HeartsOfTwo.
- Any additional services requested by HeartsOfTwo Members, which fall into the Suppliers' scope of activity, but not defined by HeartsOfTwo terms of Agreement with Supplier, such as arrangement of a meeting with the female Members of the Supplier, providing additional information on the female Members, or any other personal requests of Members, can be processed by Supplier, but are not obligatory granted. HeartsOfTwo is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website and the Service are provided "as is" and HeartsOfTwo expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HeartsOfTwo cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
HeartsOfTwo functions to provide the opportunity to its Members and female Members to effectively and comfortably search for your prospective soul-mate. HeartsOfTwo cannot take any effect on spiritual relationships of the Members and/or female Members of Websites. Female Members registered at HeartsOfTwo are looking for their prospective soul-mates, just as the Members are. They have an equal right to leave Website some day at any reason just as Members do. With regard to this fact, listed below conditions regulate HeartsOfTwo position in situations with deactivation of female Members' profiles:
- female Member is no longer interested in services. In this case, after studying Member's correspondence with the female Member, the decision of partially issued back credits can be made by HeartsOfTwo Customer Support administrators. However, in most cases, HeartsOfTwo is only able to issue 10 credits back to the Member for the Member's last letter to the female Member.
- female Member had requested to be deleted for unspecified personal reasons according to HeartsOfTwo Terms of Agreement with the female Members, this deactivation of the female Members' profiles can be made on their request without explanation of the reasons for their deletion, as it may be very personal and violate the female Members' privacy. In this case HeartsOfTwo does not issue credits back for Member's correspondence with the female Member. HeartsOfTwo is only able to issue 10 credits back to Member's account for the Member's last letter to the female Member, if this letter was the last one in their correspondence.
- female Member has found her soul-mate. In this case we are not able to issue any credits back to Member's account.
- female Member has been reported for inappropriate activities. HeartsOfTwo may consider the possibility of issuing a partial refund in credits to the Member who had addressed such complaint on the specific female Member upon Member providing the requested and incontrovertible evidence of the fraudulent activities of the female Member.
- female Member had been found on an anti-scam site. Female Member's profile may be deleted from the Website if only HeartsOfTwo considers the supplied information substantial and irrefutable as the generality of the allocated information on the Internet is apocryphal. HeartsOfTwo operates in full compliance with the International Marriage Broker Law (IMBRA).
- Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will HeartsOfTwo be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if HeartsOfTwo has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HeartsOfTwo 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 HeartsOfTwo for the Service during the term of membership.
- U.S. Export Controls. Software from the Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website you agree that the dispute will be governed by the laws of the State of Kentucky without regard to its conflict of law provisions. You agree that all such disputes shall, prior to the institution of litigation, be submitted to mediation in Frankfort, Kentucky. You agree that in the event you initiate litigation, such litigation may only be initiated in the state or federal courts of Frankfort, Kentucky, which courts shall have exclusive personal and subject matter jurisdiction and venue over the entirety of the dispute.
- Indemnity. You agree to indemnify and hold HeartsOfTwo, 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.
- Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire Agreement between you and HeartsOfTwo 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.