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2017.11.18
 

 

 
 
Terms & Conditions
 

This website is operated by maHeart.com. These Terms and Conditions govern the relationship between maHeart.com and our users. By using or accessing or visiting maHeart.com, you agree and/or affirm to be bound by these Terms and Conditions. If you object to anything in these Terms and Conditions or our Privacy Policy, do not use our Website or Services.

 

1. Definitions

In these terms and conditions:

'content' means information we publish or you post on maHeart.com, including information about you

'maHeart.com' means D. Karvovskis trading as maHeart.com

'our site' means our presence on the Internet;

'our', 'we' and 'us' means D. Karvovskis trading as maHeart.com and, where applicable, its employees, affiliates and authorised agents; and

'services' means the services provided by maHeart.com including but not limited to chat, forum, discussion board, and email

'use' means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of

'you' and 'your' include any user of our site.

'website' means maHeart.com

 

2. The contract between us

We must receive payment of the whole of the price for the services that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us, on the following terms and conditions.

 

3. Registration Eligibility

By registering your details with us you understand and agree that:

  • You will provide us with truthful personal information about yourself and will keep this information accurate and current
  • You will not create an account for anyone other than yourself without permission and you will not share your account details with anyone else or do anything else to jeopardise the security of your account
  • You will only use our website if you are over 18 years old. By using our website you represent and warrant that you are 18 years or older. Any use of our website by anyone under the age of 18 years old is strictly prohibited and is in violation of these Terms and Conditions.
  • You will not use our website if you are a convicted sex offender
  • You will not post on our website 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).

Although we do not monitor or approve content, we may review and delete in our sole judgement any content, messages, emails, photos, posts or other content posted by you or any other user on our website. You agree to notify us of any content which breaches these Terms and Conditions by e-mailing us at info@maheart.com.

Any views expressed by users on our website represent the opinions of the author, and do not represent the opinions of maHeart.com.

 

4. Price and Payment

The prices payable for services that you order are as set out in our website. If you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to our customers. We need not provide you with advance notice in such circumstances.

We use Paypal to process payments through our websites and do not make any representation or warranty with regard to their service. The internet is not a secure medium and you agree that payments made through our website and Paypal are made at your own risk.

 

5. Taxes

We have made every effort to make clear whether the quoted prices for services available through our site include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.

 

6. Cancellation by you

You may cancel your contract with us for the services you order on 30 days notice to us. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us in writing.

Once you have notified us that you are cancelling your contract, you will not be entitled to receive a refund.

 

7. Cancellation by us

We reserve the right to cancel the contract between us if we are unable to provide the services you have ordered or if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay your subscription charge in accordance with these terms and conditions.

If we do cancel your contract we will not provide a refund. We will also not be obliged to offer any additional compensation for disappointment suffered.

Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

 

8. Access and Services

Services will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice (including blocking IP addresses) and to decline to provide the service to any user that is in breach of these terms and conditions of use.

 

9. No Commercial Use

You agree that you will use our site only for your internal business purposes and that you shall not exploit our site or any of its contents for any commercial purpose.

 

10. Links to other sites

Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.

 

11. Copyright

All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.

You hereby grant to us a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you up-load or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence.

 

12. Trade marks

All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

 

13. Variations

We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.

 

14. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at maHeart, PO Box 3504, Barnet, EN5 9JS and all notices from us to you will be displayed on our website from to time.

 

15. Events beyond our control

We shall have no liability to you for any failure to deliver services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

16. Exclusions and Limitations

You use our website at your own risk.

We are providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaim all such representations and warranties.

We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors.

We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.

We do not represent or warrant to you that our site or any of its contents will be accurate, complete, reliable or useful. We are not and cannot be responsible for content posted, transmitted or shared on our website.

We do not represent or warrant that:

  • any services (whether or not provided by us) will be provided with due care and skill; or
  • any services (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).

We make no representation or warranty that our site is safe to use or with regard to the conduct of our users. You are solely responsible for your interactions with other users and agree to take a reasonable degree of caution in all interactions with other users. You acknowledge that even though users are prohibited from doing so, they may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you acknowledge that people may not necessarily be who they say they are. You should not provide your financial information to other members. We do not screen verify the statements of or check the backgrounds of our users.

To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

  • any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
  • the unavailability of our site (or any part of it), or its services;
  • any delay in providing, or failure to provide or make available services or any negligent provision of services;
  • any services not being of merchantable quality or fit for their intended purpose; or
  • any misrepresentation on or relating to our site, the services (other than a fraudulent misrepresentation made by us or on our behalf).

In no event shall we be liable for any damages and/or losses whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of our website, including without limitation, bodily injury, emotional distress, loss of data, loss of income or profits, damages for loss of or damage to property and/or any other damages resulting from interaction with other registered users of our website.

Our maximum liability to you in respect of your use of our site or any services we provide or make available to you through or in relation to our website is limited to £250.

You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through out site you will enter into a separate contract with the supplier in each case.

None of the exclusions or limitations in these terms and conditions shall exclude or restrict our liability for death or personal injury caused by our negligence.

None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, or its service to you.

Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

 

17. Indemnity

You agree to indemnify and hold maHeart.com and its affiliates harmless from all loss, liabilities, claims, demands and expenses (including reasonable legal fees) made by any third party that may arise from any breach of these Terms and Conditions by you or through a machine on which you access the our website.

 

18. Waiver and Invalidity

Failure on our part to enforce any part of these Terms and Conditions will not be considered a waiver. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

19. Privacy and Use of Your Information

You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

 

20. Third party rights

A person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

21. Transfer of Business

We may freely assign all of our rights and obligations under these Terms and Conditions in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

22. Governing Law

The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have [exclusive] jurisdiction to resolve any disputes between us.

 

23. Entire Agreement

These terms and conditions, together with our current website prices, contact details and privacy policy set out the whole of our agreement relating to the supply of the goods to you by us. Nothing verbal statements should be understood as a variation of these terms and conditions or a representation about the nature or quality of any services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

We do not separately file the individual agreements entered into by users when they register with maHeart.com. You can access our terms and conditions at www.maheart.com.

 

Please contact us with any questions regarding this agreement. Our postal address is: PO Box 3504, Barnet, London EN5 9JS


 
 

 

How do you keep a blonde girl busy all day?
Put her in a round room and tell her to sit in the corner.

 
 
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