1. Important information
1A. What are these Terms of Use?
These terms ("TOU") are part of the legal documents that govern your access to, and your use of Heartstring if you use the site through the website or through the mobile apps (the "Services").
1B. Why are these TOU important?
By accessing, using, registering for or receiving any of the Services, you are agreeing to be bound by the terms and conditions of these TOU and to the Privacy Policy and Cookie Policy, which are incorporated herein by reference. You need to read them before you use or access the Services because these terms create a legally binding relationship between you as a user of the Services and Heartstring ("Heartstring", "we", "our" or "us").
1C. Who is Heartstring?
Heartstring is a company incorporated in The Netherlands.
1D. What if I don't accept these TOU?
If you don't accept these TOU, you must stop using or accessing the Services.
1E. Do I need my parents' consent to sign up or to use Heartstring?
If you are a minor, that means under the age of legal majority in your country, and are not an emancipated minor (in countries that permit this), you must have your parents' or guardian's consent to enter into these TOU and to use the Services, and by using the Services you are confirming that you have received that consent.
2. Who can use Heartstring?
2A. How old do I need to be?
By accessing or using the Services you warrant (that is a legal word for promise and confirm) that you are at least 16 years old (or over the age of legal majority in your country, if higher) and you are fully able and competent to enter into and comply with these TOU.
2B. What if I am under 16?
Sorry, but you can't use Heartstring if you are under 16 years old. If you are under 16 years of age, you are not permitted to access or use the Services. If we become aware that you are using the Services even though you are under 16 and not permitted to do so, we will deactivate your account and will attempt to block you from accessing the Services.
2C. What laws do I need to follow?
You are responsible for making sure you follow all laws and regulations in the country in which you live when you access and use the Services. By using the Services, you are confirming that you have not been convicted of, nor are you subject to any court order relating to, assault, violence, sexual misconduct or harassment.
2D. Do you do any background or criminal checks?
We do not conduct any background checks on users, criminal or otherwise. You need to be careful when interacting with other people online.
3. Registering to use Heartstring
3A. Do I need to register to use the Services?
To use the Services, you are required to register for an account with us by providing information, including your phone, e-mail address, GPS enabled location, and password. You agree to provide true and accurate information and to update it as necessary to keep it accurate. If you provide us with false information, we reserve the right to suspend or terminate your account.
3B. Can I share my account or my login details?
No. Only you are allowed to access your account. You must keep your password confidential and, other than sharing it with your parent or guardian if you are a minor, you should not tell anyone your password or let anyone else access your account. Sharing your password might lead to all of your posts, messages and personal information being leaked or someone impersonating or pretending to be you. If you don't keep your password confidential or give it to anyone other than your parent or guardian, we are not responsible for anyone accessing or using your account, including reading or sending messages from it. If you think that someone else might be using your account, you must let us know immediately using the contact information below. You should also immediately change your password. We may terminate your account or block you from accessing the Services if you break the rules on keeping your password secure.
3C. Do I always need to enter my password?
To provide you with ease of access to your account, we may implement technology that enables us to recognize your device and provides you with direct access to your account without requiring you to retype your password when you revisit the Services.
4. What are the rules of using Heartstring?
4A. What am I allowed or not allowed to post on Heartstring?
You are solely responsible for everything you write or post on Heartstring, and the following rules apply (the "Rules of Conduct").You must not post or send anything which:
- Is mean, is bullying someone or is intended to harass, scare or upset anyone;
- Is deliberately designed to provoke or antagonize people, especially trolling;
- Uses rude words or is intended to upset or embarrass anyone;
- Encourages dangerous or illegal activities or self-harm;
- Depicts horrible, shocking or distressing things;
- Is obscene or pornographic, contains sexual or violent content;
- Contains any threat of any kind, including threats of physical violence to yourself or others, or incites others to commit violent acts against themselves or others;
- Is racist or discriminates based on someone's race, religion, age, gender, disability or sexuality;
- Infringes other individual's privacy rights;
-Is illegal, could expose Heartstring to legal liability, or encourages people to get involved in anything which is illegal (for example, drugs, violence, or crime);
- Is defamatory or violates any third party's rights, including breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property right;
- Constitutes spam, attempts to sell anything to other users, or competes with the business of Heartstring;
- Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the Services;
- Collects user content or information, or otherwise accesses the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- Violates any robot exclusion headers of the site, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Shares, recompiles, decompiles, disassembles, reverse engineers, or makes or distributes any other form of, or any derivative work from, the Services;
- Attempts to scrape or collect any personal or private information from other users or from the Services;
- Pretends to come from someone other than you, or where you are impersonating someone else;
- Intercepts or monitors, damages, or modifies any communication not intended for you;
- May cause any harm or damage to you or anyone else;
- Otherwise breaches the TOU;
Or any attempts to do any of the above. For more details please read the guidelines.
4B. Do you check my account and my posts?
You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the TOU or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the TOU and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency or other governmental body. We can also block or respond to content that we determine is otherwise objectionable or as set forth in the TOU. In addition, you acknowledge that we have your consent to monitor and block content that we consider to be harassing or bullying. This could include your user account.
4C. Can you block any content I posted if I broke the rules?
We reserve the right, at any time and without prior notice, to remove or disable access to any content or accounts for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of the TOU or otherwise harmful to the Services or our users.
4D. Who can see what I post?
When you post or upload anything on the Services, it can be seen or accessed by other Heartstring users in general.
An important thing to remember is that we may access, preserve or disclose any of your information, if we are required to do so by law or if we believe in good faith that it is reasonably necessary to
(i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you,
(ii) enforce or administer our agreements with users, such as these TOU;
(iii) for fraud prevention, risk assessment, investigation, customer support, providing the Services or engineering support, or (iv) protect the rights, property or safety of Heartstring, the users of the Services, or members of the public.
5. Does Heartstring own my content once I post it online?
If you submit material to the Services, unless we indicate otherwise, you grant us a perpetual, non-exclusive, royalty-free and fully-paid-up, and fully sub-licensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such material throughout the world in any form, media, or technology now known or hereafter developed.
You also permit any other user to view, copy, access, store, or reproduce such material for that user's personal use. You grant us the right to use the name or username that you submit in connection with such material. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; and that use of the material you supply does not violate these TOU, the rights of any third party, or any applicable laws.
You unconditionally waive in favor of us all moral rights in respect of material you submit to the Services under any laws in force from time to time in any part of the world. If you leave the Services, your account information and any material you have posted in response to questions will be deleted, but your questions will remain on the Services in an anonymous form.
6. Can you ever change these terms of use?
We may, at any time and for any reason make changes to these TOU. We may do this for a variety of reasons, including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the TOU will be posted on the Services, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don't agree to these changes, you must end your relationship with us (without penalty) by ceasing to use the Services and leaving the Services. Additionally, if we update or upgrade the Services, you may be required to accept the most recent version of the TOU to access the updated or upgraded Services.
7. How can I or Heartstring delete my account?
(a) How do I delete my account?
If you are a registered user of the Services, you can deactivate your membership at any time by going to the Settings control when you are logged in and choosing the "delete account" link. By deleting your account, it will no longer be visible to other users of the Services nor will the content that you have created be visible any longer.
(b) Can you suspend or terminate my account if you want to?
Yes, we can. We may suspend or terminate a user's access to the Services or a member's account for any reason, including if we believe a user has violated these TOU. We also reserve the right to at any time block users from accessing and using the Services by using IP blockers or other technological solutions we deem appropriate. If we have grounds to terminate your access to the Services due to a violation of these TOU (including your breach of the Rules of Conduct), we reserve the right to terminate your access to the Services without notice. Otherwise, we will provide you with reasonable notice, if your access to the Services and/or your profile is going to be suspended or terminated.
(c) What are the effects of termination?
Upon termination or expiration of your rights to use the Services or any portion thereof, you authorize us to delete any files, programs, data and messages associated with your account for the Services, or applicable portion thereof, without notice to you.
8. What's the important legal stuff I need to know?
8A. We give you a limited licence to use the Services
We grant you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these TOU. You shall not use the Services for any illegal purpose or in any manner inconsistent with the provisions of these TOU. You may use the information made available through the Services solely for your personal, non-commercial use. You may also download material displayed on the Services for personal, non-commercial use only, provided that you also retain all copyright and other proprietary notices contained on or in the materials. Except as expressly granted herein, you may not distribute, modify, transmit, reuse, re-post, or use the content or the Services for any purpose without our permission. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services as well as potential liability for copyright infringement depending on the circumstances.
8B. We make changes to the Services or update it if we choose to
We reserve the right to change or discontinue any aspect of the Services or all the Services at any time without notice to you. Upgrades or updates of the Services may be made available from time to time. We do this to improve the quality of the Services that we provide to you and other users. The software or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings or computer software does not permit transmission or use of upgrades or updates, you agree that we or the applicable software application store may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time to time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the TOU shall be considered part of the Services.
8C. What if I participate in Surveys or Features/Product Testing
From time to time, Heartstring may offer you the opportunity to participate in a user survey or feature/product test ("Evaluation").
If you agree to participate in an Evaluation, you agree that Heartstring may collect your ideas, feedback, answers, suggestions, comments, designs and other materials in any medium (collectively "Materials"). You further agree that Heartstring owns the Materials in perpetuity and exclusively throughout the world, and you assign to Heartstring all rights you have or may have in the Materials as well as any ideas or information the Materials may generate in the future. You represent and warrant that Hearstring's ownership and use of the Materials do not and will not violate the rights of any third party or any applicable laws. You unconditionally waive in favor of us all moral rights in respect of the Materials.
8D. Intellectual Property Rights
(a) The Services are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. The Services are also protected as a collective work or compilation under copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by Heartstring and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Hearstring and such others. You agree to protect the proprietary rights of Heartstring and all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by Heartstring or its suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services.
Heartstring neither warrants nor represents that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with Heartstring. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights by following the instructions contained below. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services shall, as between you and Heartstring, at all times be and remain the sole and exclusive property of Heartstring.
(b) The trademarks, logos, taglines and service marks (collectively, the "Trademarks") displayed on the Services are registered and unregistered Trademarks of Heartstring and others. Nothing contained in the Services should be read as granting any Trademark without the written permission of Heartstring or such third party that may own the Trademarks. Other than as provided in the TOU, in particular, this section, your use of the Trademarks or any other Heartstring content is strictly prohibited. You are also advised that Heartstring will enforce its intellectual property rights to the fullest extent of the law.
8E. How do you handle Copyright Claims?
It is our policy to respond to clear notices of alleged copyright or other IP rights infringement, and in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Heartstring and/or others.
(a) Notice for Claims of Intellectual Property Violations and Agent for Notice
This process is for copyright and intellectual property matters only and is designed to make submitting notices of alleged infringement to Heartstring as straightforward as possible, while also providing Heartstring with the necessary information for notice verification. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Heartstring's Copyright Agent with a written communication containing the following information in English (your "Notice"):
Note: If you are asserting infringement of an intellectual property right other than copyright, you should specify the intellectual property right at issue.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other exclusive right that is allegedly infringed;
2. A detailed description sufficient to identify the copyrighted work or other intellectual property that you claim has been infringed, or if multiple works have been infringed, a representative list of such works on the Heartstring site;
3. A description of the material that you claim is infringing and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate this material on the Heartstring site;
4. Information sufficient for Heartstring to contact you, including your username (if applicable), address, telephone number, and/or email address;
5. A statement by you that you have a good-faith belief that the disputed use of the material is not authorized by the copyright or intellectual property owner, its agents, or the law;
6. A statement by you, made under penalty of perjury (if you are located in the US) or made truthfully (if you are located elsewhere) that the information in this notice is accurate and that you are the copyright or intellectual property owner for the material or that you are authorized to act on the copyright or intellectual property owner's behalf.
(b) What happens to my copyright claim notice?
In some circumstances, in order to notify the subscriber, account holder or host who provided the allegedly infringing content to which Heartstring has disabled access (or intends to disable access), Heartstring may forward a copy of your notification including your name and contact information to the subscriber or account holder. The individual may choose to file a counter-notification explaining why the content does not infringe an IP right following receipt of our notice. We may also, in our sole discretion, post a notice or a copy of your complaint on our site. By providing us with a complaint, you are consenting to your complaint being forwarded to the subscriber, account holder or host who provided the allegedly infringing content, and/or to our posting a notice or copy of your complaint on our site.
(c) What if I change my mind or make a false copyright claim?
After submitting a copyright or other IP right, infringement notification, you may realize that you misidentified content or you might otherwise change your mind. Heartstring will honour retractions of copyright or other IP claims from the party who originally submitted them. It is important that you do not make false claims. Submitting a claim of copyright or other IP right infringement is a serious matter with legal consequences. Before you report a claim of copyright or other IP right infringement to us, you may wish to reach out to the individual posting the content. You may be able to resolve the issue simply by bringing it to their attention without contacting us at all. If you are unsure whether the content you are reporting is infringing your legal rights, you may wish to seek legal guidance. Keep in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act (DMCA) in the United States or similar laws in other countries.
What about legal disclaimers, indemnities and liability?
9A. Heartstring's warranty disclaimer:
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEARTSTRING, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS ("HEARTSTRING PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HEARTSTRING PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT WE HAVE THE NECESSARY SKILL TO RENDER THE SERVICES OR THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY,
(VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
(VIII) ANY DAMAGE TO YOURSELF, SOCIETY, OR OTHERS IN ANY WAY, SHAPE OR FORM WHETHER PHYSICAL, MENTAL, EMOTIONAL, FINANCIAL, ETC.
HEARTSTRING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND THE HEARTSTRING PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
9B. Important information about the limits of Heartstring's liability to you
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HEARTSTRING PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY,
(VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES
(VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HEARTSTRING PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR
(VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR PRIVACY POLICY.
DESPITE THE ABOVE, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST US WILL AT ALL TIMES BE LIMITED TO THE GREATER OF
(1) ONE HUNDRED EURO (€100.00)
Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages in contracts with consumers and to the extent you are a consumer the limitations or exclusions in this section may not apply to you. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HEARTSTRING IS NOT A PUBLISHER OF USER SUBMISSIONS OR LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEARTSTRING DISCLAIMS ALL LIABILITY FOR USER SUBMISSIONS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CONTENT YOU PUBLISH AND / OR TRANSMIT ON OR THROUGH THE SERVICES TO OTHER USERS OR ENTITIES MAY BE COPIED, RE-USED, OR FURTHER DISCLOSED BY SUCH OTHER USERS OR ENTITIES OUTSIDE OF THE HEARTSTRING PARTIES' CONTROL AND THAT THE HEARTSTRING PARTIES ARE NOT LIABLE TO YOU FOR ANY SUCH USE OF CONTENT BY OTHERS.
9C. You indemnify Heartstring for its losses
You agree to indemnify, defend, and hold the Heartstring Parties harmless from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with,
(i) your access to and use of Heartstring;
(ii) your breach of the TOU, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or
(iii) any products or services purchased or obtained by you in connection with the Services.
Heartstring retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter, for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Is Heartstring liable if I use another third-party site or service?
Information provided by our users through the Services may contain links to third-party websites, mobile apps or other services that are not owned or controlled by us. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly acknowledge and agree that the Heartstring Parties shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.You may also encounter third-party applications (including, without limitation, social networking websites, plug-ins, widgets, software, or other software utilities) ("Third-Party Applications") that interact with or are part of the Services. These Third-Party Applications may import data related to your account and use of the Services and otherwise gather data from you. These Third-Party Applications are provided solely as a convenience to you, and unless noted otherwise by us, Heartstring is not responsible for and does not endorse the content of such Third-Party Applications.
By using Third-Party Applications, you acknowledge and agree to the following:
(a) if you use a Third-Party Application to share information relating to your account, you are consenting to the information about your account being shared;
(b) your interaction with a Third-Party Application may cause personal information to be publicly disclosed and/or associated with you;
(c) we may send information about you to these Third-Party Applications; and
(d) your USE OF A THIRD-PARTY APPLICATION IS AT YOUR OWN RISK.
You will hold Heartstring harmless for the sharing of information relating to your account that results from your use of Third-Party Applications. The Third-Party Application's terms, privacy policy, and/or any other documentation or materials will govern your use of that Third-Party Application. TO THE EXTENT PERMITTED BY LAW, HEARTSTRING DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF THIRD-PARTY APPLICATIONS.
11. What are the other important legal points I need to know?
11A. What country's law governs our relationship?
You agree that:
(i) the Services shall be provided from The Netherlands;
(ii) the laws of The Netherlands apply to these TOU, including any contractual or non-contractual matter or dispute arising out of or in connection with these TOU, your access to and use of the Services, and the relationship between us and you;
(iii) the courts of The Netherlands have exclusive jurisdiction in connection with these TOU and all such matters and disputes arising out of or connected to the Services. Notwithstanding the foregoing, you agree that we may seek interim, preliminary or protective relief before the competent courts of any jurisdiction.
11B. What about Data Charges, if I use my mobile device?
By using the Services, including certain features such as invite-a-friend, on your mobile phone (and/or any other device) you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.
11C. Entire Agreement and Waiver
These TOU, together with the Privacy Policy and shall constitute the entire agreement between you and us concerning the Services. If for any reason, any provision of these TOU is declared to be illegal, invalid, void or otherwise unenforceable by a competent court of any jurisdiction, then to the extent that term is illegal, invalid, void or unenforceable, it shall be severed and deleted from these TOU, and the remainder of these TOU shall survive, remain in full force and effect and continue to be binding and enforceable. No failure or delay by us in exercising any right, power or privilege under these TOU shall operate as a waiver of such right or acceptance of any variation of these TOU and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
11D. No Third Party Rights
Nothing in these TOU shall confer or purport to confer any rights on any other third party.
11E. Restrictions on Assignment
You will not transfer any of your rights or obligations under these TOU to anyone else without our written consent. All of our rights and obligations under the TOU are freely assignable by us in connection with a merger, acquisition, consolidation, reorganization, sale of assets, by operation of law or otherwise.
11F. Linking and Framing
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
12. International law enforcement contact
In accordance with international co-operation agreements, foreign law authorities should contact the relevant Dutch authority first so they can contact us on their behalf.
13. What if I still have questions about the terms?
If you have any questions about the terms, you can contact us at: hello@heartstring.app