Effective Date: March 1, 2023
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO ARBITRATE, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER.
We reserve the right to modify, amend, or change the Terms at any time. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking for notice of any changes. Your continued use of the Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to these Terms or the Agreement, you should stop using the Services immediately.
About the services
The Services provide platforms for its users (“Users”) to communicate in engaging ways. Among the Services:
Account. You must register for an account (“Account”) on each of the Services that you wish to use. When registering for an Account, you agree that all information you provide to us will be accurate, truthful, current and complete. Only one Account per Service is permitted per User.
To create an Account on any of the Services, you must meet the following requirements:
If at any time you cease to meet these requirements, you must immediately delete your Accounts, and we retain the right to remove your access to our Services without warning.
Account Restrictions and Passwords.To access the Services, you will be asked to provide us with certain registration information. You agree to provide correct, current, and complete information, including your current and accurate mobile phone number if you are asked to provide it. You also agree to update your mobile phone number if you change it. You also agree to receive text messages and phone calls with codes to register for an Account on the Services.
You are solely responsible for maintaining the confidentiality of any password you create on the Services. You should never share your passwords with third parties. If you believe that someone has gained access to your Accounts, you should notify us immediately at [email protected].
Unless expressly permitted in writing by Iconic Hearts, you may not sell, rent, lease, share, or provide access to your Accounts to anyone else. Iconic Hearts reserves all available legal rights and remedies to prevent unauthorized use of and access to the Services.
Account Termination. We reserve the right to terminate your Accounts for any reason, at any time, at our sole discretion. For example, we may suspend or terminate your Accounts if we suspect you do not meet the eligibility requirements, become aware of any suspicious activity, or we believe the use of your Accounts violates these Terms or any applicable law. We may require you to verify your eligibility at any time. You acknowledge and agree that you will provide such information upon our request in order to continue to use the Services.
Closing Your Accounts. You may deactivate your Accounts at any time. To do so, please send email us at [email protected] stating your username and a request to deactivate your Accounts.
We reserve the right to modify or terminate the Services, your Accounts, or your access to the Services for any reason, without notice, at any time and without liability to you. If we terminate your access to the Services or you deactivate your Accounts, your data (including your User Content) will no longer be accessible through your Accounts, but those materials and information may persist and appear within the Services. We also may terminate or suspend your participation on the Services, at our sole discretion.
If we decide to suspend, terminate or otherwise close your Accounts, you may not re-activate your Accounts or register for another Account unless we provide you with our prior written consent.
For purposes of this Agreement, the term "Content" includes, without limitation, any information, data, text, photographs and other images, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
User Content. Content (as defined below). User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or available.
You are solely responsible for all User Content that you post. Iconic Hearts is not responsible for User Content nor does it endorse any opinion contained in any User Content.
License. You grant Iconic Hearts a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) monitor, remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.
Iconic Hearts may, but has no obligation to, monitor, review, or edit User Content. In all cases, Iconic Hearts reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Iconic Hearts’ sole discretion, violates this Agreement. Iconic Hearts may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST ICONIC HEARTS RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD ICONIC HEARTS HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Feedback. If you provide feedback, ideas or suggestions to Iconic Hearts in connection with the Services (including any User Content) ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Iconic Hearts to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
The Services are owned and operated by Iconic Hearts. By registering for an Account or by otherwise using the Services, you agree that all content, trademarks, and other proprietary materials and/or information on the Services, including, without limitation, Iconic Hearts’ logos, visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials (collectively, “Our Content”) are protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and Iconic Hearts (and/or third-party licensors), Iconic Hearts owns and retains all rights, title, and interest in the Our Content and the Services.
All other trademarks, logos, and service marks (collectively, the “Service Marks”) are the exclusive property of Iconic Hearts (and/or third-party licensors) or other third parties. Nothing in these Terms grants you a license to use any of the Service Marks or any of the Iconic Hearts trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Services for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Services and/or Our Content or any of the Service Marks by accessing or otherwise using the Services. The license granted to you herein may be terminated by Iconic Hearts at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by Iconic Hearts.
You agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying Our Content. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Our Content displayed on the Services, and you will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any of Our Content without the written permission of Iconic Hearts or such third party that may own any Service Marks displayed on the Services.
Digital Millennium Copyright Act
Iconic Hearts has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Notice of claims of copyright infringement should be provided to Iconic Hearts' Copyright Agent via email to [email protected], or via mail to the following address:
c/o Iconic Hearts
1639 11th Street, #226
Santa Monica, CA 90404
Iconic Hearts will terminate the Account of any repeat infringer.
When you create an Account or otherwise use the Services, you acknowledge and agree that:
We reserve the right to refuse access to the Services to you, for any reason at any time, at our sole discretion.
You are prohibited from uploading or sharing any content (including User Content) that (“Prohibited Content”):
If you upload or share any Prohibited Content, we may immediately suspend or terminate your Accounts.
You acknowledge and agree that posting any User Content that violates these Community Guidelines (or that we reasonably believe violates these Terms) may also result in immediate termination or suspension of your Accounts.
AUTOMATIC RENEWAL & CANCELLATION
Iconic Hearts offers Users weekly subscriptions for enhanced user experiences. If you sign up for one or more subscriptions, your subscription(s) will automatically renew until you cancel, and you will automatically be charged the associated fee (plus any applicable taxes) until you cancel. To see your next renewal date and current fee, visit your mobile device’s account settings, or the Subscriptions tab that is available through the Apple App Store or the Google Play Store.
You must cancel your subscription(s) at least 24 hours before the end of your current billing period to avoid being charged for the next billing period. After cancellation, you will have access to your subscription(s) through the last day of your current billing period, at which point your subscription(s) (and access to your subscription’s features) will be discontinued.
You may cancel your subscription(s) any time through your Apple App Store or Google Play Store account. To access the subscription features after discontinuing your paid subscription, you may need to purchase a new subscription, subject to then-current fees, terms, and conditions.
PAYING FOR YOUR CONNECTED SUBSCRIPTIONS
Payments for your subscriptions are processed via Apple (for iOS) and Google (for Android) (each an “App Provider”) and you will need to provide your App Provider with your payment information. You are responsible for maintaining accurate and up-to-date payment information. If a payment is unsuccessful, we may suspend your access to the relevant subscription features until you provide a valid payment method. Iconic Hearts is not responsible if your subscription fails to renew due to invalid payment information.
Refund requests are handled by your App Provider, not Iconic Hearts. To request a refund, you should follow your App Provider’s refund procedures. Iconic Hearts does not offer refunds for your subscriptions. If you cancel, we will not issue you a refund or credit for any partial-period access to your subscriptions. You are not entitled to a refund or credit for any part of a billing period if the subscription features are unavailable, defective, experiencing delays, or for any other reason.
CHANGES TO SUBSCRIPTIONS AND FEATURES
We reserve the right to change or discontinue your subscription plans, subscription features, terms, or pricing at any time. Iconic Hearts is not responsible for any damage or loss caused by failures or delays of your subscription or the subscription features.
Eligibility and Use Restrictions
To purchase a subscription, you must be a U.S. resident and at least 18 years of age (or the age of majority in your jurisdiction). You are permitted to use your subscription for personal, non-commercial uses only.
Disclaimer of warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ICONIC HEARTS AND ITS SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND LICENSEES (THE “ICONIC HEARTS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
THE ICONIC HEARTS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (E) YOUR INFORMATION CREATED THROUGH THE SERVICES, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; OR (F) ANY ERRORS WILL BE CORRECTED.
THE ICONIC HEARTS PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM THE SERVICES.
Limitation of liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE ICONIC HEARTS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ICONIC HEARTS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (F) ANY DAMAGE TO ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF THE ICONIC HEARTS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE ICONIC HEARTS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF THE ICONIC HEARTS PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICE, IN NO EVENT WILL THE ICONIC HEARTS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00).
ICONIC HEARTS IS NOT RESPONSIBLE FOR THE ACTIONS, USER CONTENT, INFORMATION, CONTENT OR DATA OF THIRD PARTIES, AND YOU RELEASE THE ICONIC HEARTS PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You agree to defend, indemnify and hold the Iconic Hearts Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected to your use or misuse of the Services or with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (A) your breach or alleged breach of these Terms of Service; (B) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (C) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (D) any misrepresentation made by you; or (E) your breach or alleged breach of the representation and warranties set forth in these Terms. Iconic Hearts reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Iconic Hearts.
Arbitration Agreement, Class Action Waiver, Jury Trial Waiver
Arbitration Agreement. If you pursue a legal claim against Iconic Hearts, you agree to arbitration (with limited exceptions and except where prohibited by law):
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by this Agreement.
The one exception is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Iconic Hearts any class action, class arbitration, or other representative action or proceeding.
Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Iconic Hearts (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Limitations and modifications
Iconic Hearts will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Iconic Hearts reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand, agree, and accept that Iconic Hearts will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services. Iconic Hearts and/or the owners of any content may, from time to time, remove any such content without notice. This section will be enforced to the extent permissible by applicable law.
Links to other sites
The Services may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. Iconic Hearts, its subsidiaries and affiliated companies have no control over, and are not responsible for any content, products, or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement, or approval of these sites or the content contained in these sites.
All notices to Iconic Hearts shall be in writing to either the mailing or e-mail address listed below and will be deemed given on the date received. Notices to you may be sent to the e-mail or mailing address supplied by you when you registered for an Account.
Iconic Hearts Holdings, Inc.
1639 11th Street. #226
Santa Monica, CA 90404
Email: [email protected]
Governing Law & Venue. These Terms of Service are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Notwithstanding the foregoing, the Arbitration Agreement above shall be governed by the Federal Arbitration Act. All claims arising out of or relating to this Agreement, to the Service, or to your relationship with Iconic Hearts that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Los Angeles County, California. You and Iconic Hearts consent to the exercise of personal jurisdiction of courts in the State of California and waive any claim that such courts constitute an inconvenient forum.
Additional Terms. Additional terms and conditions may apply to specific features or your use of certain portions of the Services. These additional terms also are legally binding.
No Waiver. Any waiver of any provision of this Agreement will be effective only if in writing and signed by or on behalf of Iconic Hearts. No failure or delay by Iconic Hearts in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. This provision will survive the termination of any and all of your transactions with Iconic Hearts.
Severability. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.
Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.
Assignment. Iconic Hearts may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.
We may revise and update these Terms from time to time, in our sole discretion. Notice of any material change will be posted on this page with an updated effective date. All changes are effective immediately upon posting by us and such changes shall apply to all access to and use of the Services thereafter; provided, however, that any changes to the dispute resolution provisions set out in Governing Law & Venue will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to such changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Iconic Hearts Holdings, Inc.
1639 11th Street, #226
Santa Monica, CA 90404
Email: [email protected]