Terms & Conditions
EcstaticHearts.com Terms and Conditions Welcome to EcstaticHearts.com. To ensure that you enjoy the highest standards of quality and service during your visits to this Ecstatic Hearts Web site, we encourage you to read through the following information. These legal notices spell out the terms and conditions to which Users are expected to adhere. TERMS OF SERVICE SECTION 1 – ECSTATICHEARTS.COM’s CONTENT (a) The contents of EcstaticHearts.com (“Ecstatic Hearts “) Internet service (“the Service”) are intended for the personal, noncommercial use of its Users. All materials published on EcstaticHearts.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as “The Content”) are protected by copyright and other intellectual property laws, and are owned or controlled by Ecstatic Hearts, or the party credited as the provider of the content, software or other materials. User shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service. Any special rules for the use of certain software and other items provided on the EcstaticHearts.com Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Ecstatic Hearts. All rights not expressly granted herein are reserved to Ecstatic Hearts and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. (b) User may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Ecstatic Hearts, or the copyright holder identified in the individual Content’s proprietary notices including copyright notice. (c) The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in this Terms of Service, User may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms of Service), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part. (d) EcstaticHearts.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Ecstatic Hearts at support@EcstaticHearts.com. SECTION 2 – PUBLIC AREAS: FORUMS AND DISCUSSIONS (a) If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Ecstatic Hearts is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. Ecstatic Hearts reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Ecstatic Hearts has no liability or responsibility to users of the EcstaticHearts.com Site or any other person or entity for performance or nonperformance of any activities that violate the law. (b) User shall not upload to, or distribute or otherwise publish through, the Service any Content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or otherwise violates any law. Please use your best judgment and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive or hateful language. Bulletin boards within these sites and services are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. Ecstatic Hearts does not endorse the opinions placed on these bulletin boards. User acknowledges that any submissions (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by Ecstatic Hearts. In addition, user warrants that all moral rights in any uploaded materials have been waived. (c) The Forums shall be used only in a noncommercial manner. User shall not, without the express approval of Ecstatic Hearts, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with Ecstatic Hearts and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. (d) While EcstaticHearts.com does not and cannot review every message posted by Users in the Forums and is not responsible for any content of these messages, Ecstatic Hearts reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this User Agreement, or are abusive, defamatory, obscene or otherwise unacceptable at their discretion. Users shall remain solely responsible for the content of their messages. SECTION 3 – USER SUBMISSIONS You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant–or warrant that the owner of such content has expressly granted–Ecstatic Hearts a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Ecstatic Hearts may sublicense its rights through multiple tiers of sublicenses. SECTION 4 – LINKS TO OTHER SITES EcstaticHearts.com contains links to other related World Wide Web Internet sites, resources and sponsors of Ecstatic Hearts. Selection of an ad banner or link may redirect User off of EcstaticHearts.com to a third party. EcstaticHearts.com does not endorse the content on any third-party websites. Ecstatic Hearts is not responsible for the content of linked third-party sites, sites framed within the EcstaticHearts.com Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of Ecstatic Hearts. Because Ecstatic Hearts is not responsible for the availability of these outside resources or their contents, User should direct any concerns regarding any external link to its site administrator or Webmaster. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. SECTION 5 – REPRESENTATIONS AND WARRANTIES (a) User represents, warrants and covenants (a) that no materials of any kind submitted by User or Ecstatic Hearts ’s use thereof in accordance with the terms and conditions of this User Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that user is at least 18 years old. User hereby indemnifies, defends and holds Ecstatic Hearts and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. User shall cooperate as fully as reasonably required in the defense of any claim. Ecstatic Hearts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User. (b) Ecstatic Hearts neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any User, information provider or any other person or entity. (c) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY ECSTATICHEARTS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECSTATICHEARTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECSTATICHEARTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECSTATICHEARTS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ECSTATICHEARTS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECSTATICHEARTS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. (d) User hereby acknowledges that use of the Service is at User’s sole risk. SECTION 6 – THE SITE DOES NOT PROVIDE MEDICAL ADVICE The contents of the EcstaticHearts.com Site, such as text, graphics, images, information obtained from Ecstatic Hearts’s licensors, and other material (“Content”) contained on the EcstaticHearts.com Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the EcstaticHearts.com Site! If you think you may have a medical emergency, call your doctor or 911 immediately. Ecstatic Hearts does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Ecstatic Hearts, Ecstatic Hearts employees, others appearing on the Site at the invitation of Ecstatic Hearts, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials which you find sexually explicit or otherwise offensive. Ecstatic Hearts, its licensors, and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence. SECTION 7 – CHILDREN’S PRIVACY We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. SECTION 8 – USE OUTSIDE THE UNITED STATES Ecstatic Hearts is a subsidiary of Lion Share Consulting LLC which is based in Delaware, in the United States of America. Ecstatic Hearts makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the EcstaticHearts.com Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Representations and Warranties, User Submissions, Jurisdiction, and Complete Agreement. SECTION 9 – YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EcstaticHearts.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use EcstaticHearts.com only with involvement of a parent or guardian. EcstaticHearts.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. SECTION 10 – SOFTWARE LICENSES User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access the Service (“Access Software”). User may not sublicense, assign or transfer any licenses granted by Ecstatic Hearts, and any attempt at such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software. SECTION 11 – TERMINATION (a) Ecstatic Hearts may, in its sole discretion, terminate or suspend User’s access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Service. (b) Users of EcstaticHearts.com acknowledge that site administrators have the right to terminate use without notice for any User who restricts, inhibits or disrupts any Ecstatic Hearts event or attempts to alter or improperly access any feature or function of the site. A User’s access may also be subject to termination if the User posts or transmits any illegal content; harasses or threatens any EcstaticHearts.com User or Ecstatic Hearts employee; posts content (including the creation of usernames) that is offensive or otherwise disruptive of EcstaticHearts.com’s activities; posts unsolicited advertising; or improperly impersonates a Ecstatic Hearts employee or other individual. SECTION 12 – JURISDICTION You expressly agree that exclusive jurisdiction for any dispute with Ecstatic Hearts, or in any way relating to your use of the EcstaticHearts.com Site, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving Ecstatic Hearts or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. SECTION 13 – COMPLETE AGREEMENT Except as expressly provided in a particular “legal notice” on the EcstaticHearts.com Site, these Terms and Conditions constitute the entire agreement between you and Ecstatic Hearts with respect to the use of the EcstaticHearts.com Site, and Content. Your use of the EcstaticHearts.com Site is also subject to the Ecstatic Hearts Privacy Policy. Thank you for your cooperation. We hope you find the EcstaticHearts.com Site helpful and convenient to use! Questions or comments regarding this website should be directed by electronic mail to support@EcstaticHearts.com or via U.S. mail to 302 E. Park St., Cedar Park TX 78613. PRIVACY POLICY Information Collection and Use Ecstatic Hearts is the sole owner of personal information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Ecstatic Hearts collects information from our users at several different points on our website. Registration In order to use parts of this website, a user must first complete the registration form. During registration a user is required to give their contact information (such as name and email address). This information is used to contact the user about the services on our site for which they have expressed interest. It is optional for the user to provide demographic information (such as income level and gender), and unique identifiers (such as social security number), but encouraged so we can provide a more personalized experience and more relevant information on our site. Order Our vendor partners may request information from the customer on an order form. Here a customer must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer’s orders. If they have trouble processing an order, this contact information is used to get in touch with the user. Cookies A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. For example, the user will not be able to participate in any of our Sweepstakes, Contests or Drawings that take place. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies. Log Files We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Sharing We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.For any items we process, we use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. Vendors who supply products to customers through our site may have different privacy policies.We may partner with another party to provide additional specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. Links This web site contains links to other sites. Please be aware that we, Ecstatic Hearts, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site. Newsletter If a user wishes to subscribe to any of our personalized programs such as Tip of the Week or Taste of Tantra Series that sends messages directly to you, we ask for the relevant contact information. Surveys & Contests From time-to-time our site may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Tell-A-Friend If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Ecstatic Hearts may automatically send the friend a one-time email inviting them to visit the site. Ecstatic Hearts stores this information for the sole purpose of sending this one-time email. The friend may contact Ecstatic Hearts at EcstaticHearts.com to request the removal of this information from their database. In addition, if a customer uses the reminder program to record their or their friend’s birthday or special event, Ecstatic Hearts may choose to use this information to send an annual birthday or appropriate event greeting. The customer may remove this information from their profile at any time and the friend will have the option on the message sent to remove this information from Ecstatic Hearts’ database. Security This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected both online and off-line.Currently, we do not ask for nor record sensitive information (such as credit card number and/or social security number). All information we do have is encrypted and is protected with the best encryption software in the industry – SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’. To learn more about SSL, follow this link https://www.digicert.com. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment, behind a locked cage. If you have any questions about the security at our website, you can send an email to support@ecstatichearts.com Special Offers We send all new members a welcoming email to verify password and username. Established members may occasionally receive information on products, services, and special deals. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt-out section below. Site and Service Updates We may also send the user site and service announcement updates. Members are not able to un-subscribe from rare service announcements, which contain important information about the service. We may communicate with the user to provide requested services and in regards to issues relating to their account via email or phone. Correction/Updating Personal Information: If a user’s personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the member information page or by emailing our Customer Support. In addition, we will offer the option on all customized e-mails of removing ones name from that distribution list. Choice/Opt-out Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site at the point where we ask for the information. For example when registering, a customer has the option of choosing not to receive any of the special programs like forget-me-nots offered to them. Users who no longer wish to receive our updates or promotional materials from our partners may usually opt-out of receiving these communications by replying to them and typing unsubscribe in the subject line of their email. If any of our partners does not allow one to unsubscribe, please email us at support@ecstatichearts.com. Notification of Changes If we decide to change our privacy policy, we will post a notice and link to those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected. (c) Ecstatic Hearts. All Rights Reserved.
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