Terms of Service & Privacy Policy
These Terms of Service & Privacy Policy define the terms by you may use the jayheart.com website and are an agreement between you and jayheart.com. By using the jayheart.com website or the services provided therein, you agree to be bound by the terms of these Terms of Service & Privacy Policy, as well as any other rules, guidelines and additional terms referenced herein, which are hereby incorporated herein by reference (collectively, “Terms of Service & Privacy Policy”). If you are unwilling to be bound by these Terms of Service & Privacy Policy, you should not access or use the jayheart.com website or the services.
These Terms of Service & Privacy Policy are subject to change by jayheart.com at any time, effective when we post a notice on the jayheart.com website, effective immediately, and your use of the jayheart.com website or services after such posting will constitute acceptance by you of such changes. It is your responsibility to review these Terms of Service & Privacy Policy for any changes each time you visit the jayheart.com website.
Description of Services: Use of Services
Jayheart.com provides content for users to share such as pictures, articles, blog posts, and other services (the “Services”). You can share this content with others by linking to this content or by using our provided widgets & API for this purpose in specific sections. Additionally, members can comment on and view such content on the jayheart.com website.
Your use of the Services is expressly limited to non-commercial, personal and private use only. Any use for commercial gain is expressly prohibited.
You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (a) equipment malfunctions (b) periodic maintenance procedures or repairs which jayheart.com may undertake from time to time or (c) causes beyond the reasonable control of jayheart.com or which are not reasonably foreseeable by jayheart.com.
You may engage in downloading files and otherwise use the Services as permitted by these Terms of Service & Privacy Policy and applicable law. Files available on the jayheart.com website may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them. Any copyright, trademark, and other proprietary notices may not be removed from any copies you download or share.
By using our Service or the jayheart.com website, you warrant and represent that:
By using the jayheart.com website and the Services, you may be exposed to Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, and you agree and consent to that exposure.
Third Party Websites and Advertising
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
Intellectual Property Rights
The Services are proprietary to jayheart.com, which owns or is the licensor of all the designs, text, content, code, databases, photos, and other content on the jayheart.com website.
Copyright Dispute Policy
Jayheart.com respects the intellectual property rights of others. jayheart.com will respond to claims of copyright infringement committed using the jayheart.com website and the Services that are reported to jayheart.com designated copyright agent, who may be contacted by filling the form on our Contact Us page.
If you are a copyright owner or are authorized to act on behalf of a copyright owner, please report any alleged copyright infringement taking place on the jayheart.com website by providing the following DMCA Notice of Alleged Infringement (the “Notice”). Upon receipt of a Notice as described below, jayheart.com will take such action as we, in our sole discretion, deem appropriate, including removal of the challenged use from the jayheart.com website.
DMCA Notice of Alleged Infringement
Each Notice shall:
Identify the copyrighted work, by title and with sufficient detail so that we can locate the infringing material on the jayheart.com website that you claim has been infringed and that access to which is to be disabled. Include your full legal name, physical or electronic signature, mailing address, telephone number and email address. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.” and “I hereby state, under penalty of perjury, that the information provided is accurate, and that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” The Notice should be delivered to our Designated Copyright Agent through our Contact Us page.
Personal Information We will Collect
We may collect the following personal information from you during registration:
Email address
User name
Password
Gender
Date of Birth
Country of residence
State/Province
City
Zip Code and
Credit card / Payment details if subscribing to paid services or making a purchase
Jayheart.com may also collect non-personal information not associated with your identity in order to improve and customize the delivery of the Services, such as IP addresses and cookies.
Jayheart.com will store and process all of your personal information taking care to preserve your privacy and security. jayheart.com will not sell, trade, or otherwise disclose personal information to third parties unaffiliated with jayheart.com without your permission or appropriate prompts, except as otherwise stated in these Terms of Service and Privacy Policy. Additionally, jayheart.com will not disclose your personally identifiable information unless required to do so in order to comply with applicable law, a subpoena, or other legal process. In the event that jayheart.com should be acquired or substantially all of its assets transferred, your information shall be considered a transferable asset.
In the event jayheart.com makes a material change in the way your personal information is collected, the use of your personal information, or our email policies, you will be notified either by email or through a notice posted on the jayheart.com website.
Because your sensitive data is very important to both you and us, jayheart.com has implemented policies and procedures to protect your information. jayheart.com operates secure data networks that are password protected and are not publicly available. While jayheart.com will work hard to protect your information, jayheart.com cannot ensure or warrant the security of any of the information you submit to us or receive from us. jayheart.com reviews its security policies on a regular basis and will make changes as necessary.
Use of Information
The personally identifiable information that you provide will be used by us to provide you with information about products and services available to you. Correspondence from jayheart.com may contain commercial messaging, such as advertisements and offers from jayheart.com and/or select partners. We may use action tags to learn more about your visits to the jayheart.com website in order to provide emails about goods and services that may be of interest to you.
This information may be used by the jayheart.com website to simplify the amount of information you will need to enter when using the features available on the jayheart.com website. In the event there is a change or update to the Services, jayheart.com may use your information to contact you regarding such a change, update or description of related services. Your demographic data is used to show you content that may be of interest to you, and to help jayheart.com display the content of the jayheart.com website according to your preferences. Also, jayheart.com uses your information to send you information about our company and select partners.
We may share aggregate information collected by jayheart.com with non-affiliated third parties. Aggregate information does not identify you, but rather is based upon a summary of information about all users. This aggregate information will help our advertisers better target advertisements and services that are more relevant to you.
Disclaimer of Warranties
JAYHEART.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
FURTHERMORE, JAYHEART.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (A) THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE JAYHEART.COM WEBSITE (B) THE CONDUCT OF ANY MEMBER OR ANY USER OF THE JAYHEART.COM WEBSITE (C) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL AND (D) ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE SERVICE OR THE JAYHEART.COM WEBSITE
SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. jayheart.COM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, ACCURATE, RELIABLE OR WILL IN ANY WAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
JAYHEART.COM MAKES NO REPRESENTATION OR WARRANTY THAT INFORMATION ON THE JAYHEART.COM WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA. IF YOU CHOOSE TO ACCESS THE JAYHEART.COM WEBSITE FROM OUTSIDE CANADA, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
Limitations of Liability
IN NO EVENT SHALL JAYHEART.COM, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE OR DATA, OR COSTS OF COVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF JAYHEART.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING OUT OF:
(a) THE USE OR PERFORMANCE OF, THE DELAY IN PROVIDING, THE FAILURE TO PROVIDE, OR THE INABILITY TO USE, THE JAYHEART.COM WEBSITE OR THE SERVICES, OR
(b) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED IN OR AVAILABLE THROUGH THE JAYHEART.COM WEBSITE OR THE SERVICES.
YOU SPECIFICALLY AGREE THAT JAYHEART.COM, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR:
(1) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE JAYHEART.COM WEBSITE SITE OR THE SERVICES OR IN RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE USE OF THE JAYHEART.COM WEBSITE OR THE SERVICES,
(2) ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF A THIRD PARTY’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OR
(3) ANY CONTENT SENT USING, OR INCLUDED IN, THE JAYHEART.COM WEBSITE OR THE SERVICES BY ANY THIRD PARTY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE JAYHEART.COM WEBSITE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE USING THE JAYHEART.COM WEBSITE AND THE SERVICES.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, JAYHEART.COM, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS IS HELD TO BE LIABLE TO FOR ANY AMOUNTS UNDER THESE TERMS OF SERVICE & PRIVACY POLICY UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, JAYHEART.COM’S (OR SUCH AFFILIATES’, DIRECTOR’S, OFFICER’S, EMPLOYEE’S, INDEPENDENT CONTRACTOR’S OR AGENT’S, AS APPLICABLE), THEN OUR TOTAL LIABILITY IN RESPECT OF SUCH AMOUNTS SHALL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR (B) ANY AMOUNTS ACTUALLY RECEIVED BY JAYHEART.COM FROM THE MEMBER UNDER THESE TERMS OF SERVICE & PRIVACY POLICY
YOU ACKNOWLEDGE AND AGREE THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, WE WOULD NOT BE ABLE TO OFFER THE JAYHEART.COM WEBSITE OR THE SERVICES, AND THAT SUCH EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF THEY WOULD CAUSE YOUR REMEDIES UNDER THESE TERMS OF SERVICE & PRIVACY POLICY TO FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES, AND SO THE FOREGOING LIMITATION AND EXCLUSIONS MAY NOT APPLY TO THAT EXTENT.
Contacting Jay Heart
He can be reached using the contact information at http://jayheart.com/contact
Effective Date
These Terms of Service & Privacy Policy were last modified on October 7, 2017. © 2017 Jay Heart. All Rights Reserved.