- Intellectual Property Rights
- Limited License
- Prohibited Uses
- Disclaimers; Limitation of Liability
- Limitation on Liability
- User Content
- Third Party Copyrights and Other Rights Copyright Policy
- Term and Termination.
- Changes to our Service
- Governing Law and Jurisdiction
- Limitation on Time to File Claims
- General Provisions
Heaps is owned and operated by Heaps Inc., located at 8560 W. Sunset Blvd. Suite 400 and 500, W. Hollywood, California 90069, and its affiliates (together, "Heaps", "we" or "us").
Our Service is offered and available to users who are over 13 years of age and reside in the United States or any of its territories or possessions. BY USING OUR SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE OVER 13 YEARS OLD AND RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS. IN ADDITION, IF YOU ARE BETWEEN THE AGES OF 13-18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN REVIEW AND DISCUSS THIS AGREEMENT WITH YOU; AGREE TO BE BOUND BY THIS AGREEMENT; AND HAVE YOUR PARENTS AND LEGAL GUARDIANS AGREE TO THE TERMS OF THIS AGREEMENT, AGREE TO BIND YOU TO THIS AGREEMENT, AND AGREE TO ENSURE THE COMPLIANCE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE OVER 18 YEARS OLD, YOU REPRESENT AND WARRANT THAT YOU ARE ABLE TO FORM A BINDING CONTRACT WITH US. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE OUR SERVICE.
To use Heaps, you must register an account your Facebook login to authorize us to access, collect, store, and in general use certain information in your Facebook account, including information about Facebook friends you want to add to your group and hence share with other Heaps users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the first name and profile picture of the Facebook friends you choose to add. Please take precautions to protect your password and contact us at firstname.lastname@example.org if you believe your account has been accessed by an unauthorized person.
4. Intellectual Property Rights
The Website and the App and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Heaps, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- When we provide desktop, mobile or other applications for download, you may download a copy to your Mobile Device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
In addition, you must not modify copies of any materials from our Service; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Service.
If you wish to make any use of material on our Service other than that set out in this section, please address your request to: email@example.com
5. Limited License
License Restrictions. You shall not:
- copy our Service except as expressly permitted by this license;
- modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of our Service;
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of our Service or any part thereof;
- remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from our Service, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available our Service or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting our Service; or
- use our Service in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.
6. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate us, our employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Service, or which, as determined by us, may harm us or our users or expose them to liability.
- Collect information about others;
In addition to the foregoing, you agree not to:
- Harass or stalk any other person.
- You will not express or imply that any statements you make are endorsed by Heaps without our specific prior written consent.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Use our Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of our Service, including their ability to engage in real time activities through our Service.
- Use any robot, spider or other automatic device, process or means to access our Service for any purpose, including monitoring or copying any of the material on our Service.
- Use any manual process to monitor or copy any of the material on our Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of our Service.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Service, the server on which our Service and the data we collect is stored, or any server, computer or database connected to our Service.
- Attack our Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of our Service.
7. Disclaimers; Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER HEAPS USERS. YOU UNDERSTAND THAT HEAPS CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. HEAPS ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. HEAPS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. HEAPS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE IS AT YOUR OWN RISK. OUR SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HEAPS NOR ANY PERSON ASSOCIATED WITH HEAPS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER HEAPS NOR ANYONE ASSOCIATED WITH HEAPS REPRESENTS OR WARRANTS THAT OUR SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
HEAPS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HEAPS MAKES NO REPRESENTATIONS OR WARRANTIES:
- THAT HEAPS WILL BE PERMITTED IN YOUR JURISDICTION;
- CONCERNING ANY CONTENT SUBMITTED BY ANY USER;
- CONCERNING ANY THIRD PARTY’S USE OF CONTENT THAT YOU SUBMIT;
- THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON HEAPS OR WILL BE STORED BY HEAPS;
- THAT HEAPS WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF HEAPS; AND
- CONCERNING SITES AND RESOURCES OUTSIDE OF HEAPS, EVEN IF LINKED TO FROM HEAPS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation on Liability
IN NO EVENT WILL HEAPS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR INCREASE IN DATA USAGE ON YOUR MOBILE DEVICES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL HEAPS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE HEAPS SERVICE OR PERSONS YOU MEET THROUGH HEAPS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
10. User Content
You are solely responsible for the content that you publish or display (hereinafter, “Post”) on the Service, or transmit to other Users. You will not Post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree not to include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses. You will not provide inaccurate, misleading or false information to Heaps or to any other user. If information provided to Heaps or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “Submit”):
- 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;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- contains sexually explicit content;
- 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 our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- infringes any third party’s intellectual property or privacy rights; and
- conducts or facilitates in otherwise illegal activities.
Licenses Grant. You grant Heaps and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content for any purpose. In addition, you waive any so-called “moral rights” in your content. If you make suggestions to Heaps on improving or adding new features to Heaps, Heaps shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that:
- you are the sole owner of the rights associated with content submitted to Heaps and grant Heaps the licenses set forth above;
- the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and
11. Third Party Copyrights and Other Rights Copyright Policy
Heaps respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Heaps do not infringe any third party copyright. Further, accounts with usernames or any other content that misleads others or violates another’s trademark may be updated, transferred or permanently suspended.
If you are concerned that someone may be using your trademark in an infringing way on our site you can let us know by emailing us at firstname.lastname@example.org. Heaps will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from any of the Heaps applications.
All other feedback, comments, complaints, requests for technical support and other communications relating to our Services should be directed to:
8560 W. Sunset Blvd. Suite 400 and 500,
W. Hollywood, California 90069.
13. Term and Termination
- you must cease all use of the App and delete all copies of the App from your Mobile Device and account.
- any content that you submitted may no longer be available and we will not be responsible for storing or loss of any such content.
Termination will not limit any of Company's rights or remedies at law or in equity.
15. Changes to our service
We may update the content of our Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material of our Service may be out of date at any given time, and we are under no obligation to update such material.
16. Governing Law and Jurisdiction
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF, PURCHASE OF, OR SUBSCRIPTION TO OUR SERVICE SHALL BE FINAL AND BINDING ARBITRATION.
Arbitration proceedings shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in New York, New York, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief in any state or federal court in the State of New York and you consent to exclusive jurisdiction and venue in such courts. If costs related to such arbitration are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
IN THE CASE THAT A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL, INCLUDING BUT NOT LIMITED TO, ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY RIGHTS, OR SELF HOSTED SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT.
17. Limitation on Time to File Claims
18. General Provisions
You consent to receive all communications including notices, agreements, disclosures, or other information from Heaps electronically. Heaps may provide all such communications by email or by posting them on Heaps. Support-related inquiries may be sent to us at email@example.com or the following address: 8560 W. Sunset Blvd. Suite 400 and 500, W. Hollywood, California 90069. Nothing herein shall limit Heaps’ right to object to subpoenas, claims, or other demands.
END OF DOCUMENT.