HeartMob Terms of Use

Effective: October 2015

HEARTMOB WEBSITE AND APP TERMS OF USE

The Terms of Use explains the function of the platform, what activities are allowed, and maintains our limited liability. Please read the Terms of Use carefully. By accessing or using the platform in any way you are agreeing to comply with these Terms of Use.

Summary

Privacy Policy

Please view our Privacy Policy, which explains HeartMob’s practices relating to the collection and use of your information through or in connection with the platform.

User Submitted Content

HeartMob allows users to submit content that may be posted on the platform without compensation. You agree that any content that you submit fully complies with these Terms of Use, including that the content does not infringe on any third party’s copyright, trademark, privacy, publicity, or other intellectual property rights. You agree that you own or otherwise control all necessary rights to the content that you post, that such content is accurate, that use of the content you supply does not violate these Terms, specifically including the requirements of Acceptable Use.

HeartMob shall have the right (but not the obligation) in its sole discretion to monitor, refuse, or remove any content that is available via our platform for any or no reason, including that any content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, falsehoods, obscenity, or profanity you may encounter. We will not publish any information about harassers – including their home or business address, email address, employer identity, or other contact information – except for information that is already public (which is typically limited to their screen name).

Acceptable Use

You agree to use our platform and the content (whether provided by us or others) in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our platform in a manner that:

Violating the security of our platform is prohibited and may result in criminal and civil liability. HeartMob may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.

Copyright and Authorization

This platform provides you access to a wide variety of content. Some of the Information is owned by HeartMob. Other portions of the platform may be owned by third parties such as users, non-government organizations, law enforcement agencies. To the extent your use of material on the HeartMob Site does not constitute “fair use” for which you do not need our permission, you must seek written permission from HeartMob to use any content found on the platform. You can submit a request to [email protected] All material on the platform that you have been granted permission to reproduce or that constitutes fair use should be attributed to HeartMob.

HeartMob respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored, or transmitted to the platform in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").

Copyright Agent: HeartMob

30 3rd Avenue, #800B
Brooklyn, NY 11217
Phone: (347) 889-5510
www.iheartmob.org

Please note that HeartMob enforces a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

Trademarks

Trademarks (including but not limited to HeartMob and its logo) that are used or displayed on the platform are owned by HeartMob. The trademarks of HeartMob may not be copied or used, in whole, partial, or modified form, without the prior written permission of HeartMob. Other trademarks and trade names on this platform are those of their respective owners.

Termination/Suspension

You agree that all terminations and suspensions for cause shall be made in HeartMob’s sole discretion and can take place without notice. HeartMob shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the platform. Cause for such termination, suspension, or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions). Termination or suspension of your account includes any one or more of the following (a) removal of access to all offerings within the platform, (b) deletion of your password and all related information, files, and other content associated with or inside your account (or any part thereof), and (c) barring of further use of the platform.

Limitation of Liability

In no event shall HeartMob, Hollaback!, related parties, and their employees, officers, representatives, service providers, suppliers, licensors, and agents be liable for any damages, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with (i) the use or inability to use the platform or (ii) any claim attributable to errors, omissions, or other inaccuracies in the platform, (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on our platform; or (v) any other matter relating to our platform, even if HeartMob or its authorized representatives have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the platform and/or platform-related services is to stop using the platform.

Disclaimer Of Warranties

You understand and agree that HeartMob provides online services “as is” and without any warranty, express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the reliability, accessibility, or quality of our services. You agree that the use of our services is at your sole and exclusive risk.

Links to other websites

The platform may contain links to other websites that we think may be interesting or helpful to users. We are not responsible and have no control over these other sites. Remember when you link to another site that site will be governed by different terms and conditions and a different privacy policy. You should be sure you read and agree to those policies.

Enforcement

HeartMob reserves the right to strictly enforce these Terms, including by issuing warnings, suspension, or termination of access to the platform, and/or by removing, or editing content, or engaging in active investigation, litigation, and prosecution in any court. HeartMob may access, use, and disclose information and any content provided by you to comply with the law (e.g., a court order or lawful subpoena) or based on HeartMob’s reasonable judgment that disclosure is necessary, or to enforce or apply our Terms, to protect our rights or property, or to protect users of HeartMob from fraudulent services.

Indemnification

You agree to hold harmless HeartMob, Hollaback!, and their underlying content and service providers, licensors, and suppliers, and each of their respective parents, subsidiaries, affiliates, and employees, from and against all claims, actions, losses, expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with HeartMob or your use of our platform. HeartMob reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with HeartMob in asserting any available defenses.

Changes to the terms or platform

We reserve the right to change this policy. If we make major changes, we will notify our users in a clear and prominent manner. Minor changes may only be highlighted in the footer of our website.