Terms and Conditions

Welcome to MLMHearts. These Terms and Conditions ("Terms") govern your access to and use of our website, services, and products available at https://www.mlmhearts.com (the "Website"). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Website.

Effective Date: August 4, 2024


 

1. Platform Purpose

1.1. Community Platform: MLMHearts is a social platform designed to facilitate networking and connection among like-minded individuals. Our mission is to provide a safe and supportive environment where users can meet new people, share ideas, and build relationships.

2. Accounts

2.1. Account Creation

2.1.1. Eligibility: Users may create an account on our Website. To create an account, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater. By creating an account, you represent and warrant that you meet this age requirement.

2.1.2. Accurate Information: When creating an account, you agree to provide accurate, complete, and current information about yourself as prompted by the registration form. This includes, but is not limited to, your name, email address, and any other required information. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself without proper authorization.

2.1.3. Updates to Information: You are responsible for keeping your account information up to date and accurate. If there are any changes to your information, you agree to promptly update your account details on the Website to reflect these changes.

2.1.4. Single Account: You are only permitted to create and maintain one account on the Website unless expressly authorized by MLMHearts. Multiple accounts created by the same individual or entity without permission may be subject to termination.

2.2. Account Responsibility

2.2.1. Confidentiality: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to share your account credentials with anyone else or allow others to access your account.

2.2.2. Account Activity: You are fully responsible for all activities that occur under your account. This includes any actions taken by individuals who have obtained access to your account, whether authorized by you or not. MLMHearts will not be liable for any loss or damage arising from your failure to comply with these responsibilities.

2.2.3. Security Breach: You agree to notify us immediately at hello@mlmhearts.com if you become aware of any unauthorized use of your account, or any other breach of security. We may require you to change your password or take other steps to secure your account following such a notification.

2.2.4. Third-Party Services: If you choose to connect your MLMHearts account with a third-party service (such as social media platforms), you are responsible for all activities and interactions that occur through that connection. MLMHearts is not responsible for any loss or liability arising from your use of third-party services.

2.3. Account Termination

2.3.1. Termination by MLMHearts: We reserve the right to suspend, disable, or terminate your account at our sole discretion and without prior notice if we believe that you have violated these Terms, engaged in fraudulent or illegal activities, or engaged in behavior that we deem harmful to the community, the Website, or MLMHearts. We also reserve the right to remove or modify any content you have provided in such cases.

2.3.2. Immediate Termination: In cases where your actions pose a severe threat to the security, integrity, or operation of the Website, or to other users, MLMHearts may terminate your account immediately, without notice.

2.3.3. User-Initiated Termination: You may terminate your account at any time by following the instructions provided in your account settings or by contacting us at hello@mlmhearts.com. Upon termination, your right to access and use the Website will immediately cease, and MLMHearts will delete or deactivate your account and all associated information and content.

2.3.4. Effects of Termination: Upon termination of your account, whether by you or by MLMHearts, all licenses and rights granted to you under these Terms will immediately cease. MLMHearts reserves the right to retain certain information associated with your account for a reasonable period of time as necessary to comply with legal obligations, resolve disputes, enforce agreements, or for legitimate business purposes.

2.3.5. No Refunds: If your account is terminated by MLMHearts due to a violation of these Terms, you will not be entitled to any refund of fees or payments made, including for any remaining portion of a subscription or any other service or product. MLMHearts will not be liable to you or any third party for termination of your account or access to the Website.

2.3.5. Reactivation: MLMHearts, at its sole discretion, may allow you to reactivate your account after termination. Reactivation will be subject to the terms and conditions in place at the time of reactivation and may involve certain restrictions or conditions.

3. User-Generated Content

3.1. Content Creation and Upload

3.1.1. Rights and Ownership: Users may create and/or upload content to the Website, including but not limited to text, images, graphics, videos, audio, and other materials (collectively, "User Content"). By submitting User Content, you represent and warrant that you either own the content or have obtained all necessary rights, licenses, permissions, and consents from any third parties to submit, post, and share the User Content on the Website. You further warrant that your submission of User Content does not infringe upon any third-party rights, including but not limited to copyright, trademark, privacy, or publicity rights.

3.1.2. License Grant: By submitting User Content, you grant MLMHearts a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable, and sublicensable license to use, display, reproduce, distribute, modify, adapt, publish, translate, and create derivative works from such content in any media now known or hereafter developed. This license includes the right to promote and distribute the User Content in connection with the operation, marketing, and promotion of MLMHearts, without compensation to you.

3.1.3. Moral Rights Waiver: To the extent permitted by law, you hereby waive and agree not to assert any moral rights or equivalent rights in the User Content against MLMHearts or its sublicensees. You understand that MLMHearts may modify or adapt your User Content as necessary to conform to the requirements or limitations of networks, devices, services, or media.

3.2. Content Guidelines

3.2.1. Compliance with Guidelines: All User Content must comply with these Terms, our community guidelines, and all applicable laws and regulations. You agree not to submit or upload any User Content that is:

  • Defamatory, libelous, or slanderous;
  • Obscene, pornographic, or indecent;
  • Offensive, abusive, harassing, or threatening;
  • Discriminatory or promotes hatred or violence against individuals or groups based on race, ethnicity, religion, disability, gender, age, sexual orientation, or any other characteristic protected by law;
  • Fraudulent, deceptive, or misleading;
  • Infringing on any third-party intellectual property or proprietary rights, including but not limited to copyrights, trademarks, patents, trade secrets, or privacy/publicity rights;
  • Violating any laws or regulations, including those related to privacy, data protection, and consumer protection;
  • Containing viruses, malware, or any other harmful code or technology that could damage or interfere with the Website or its users.

3.2.2. Consequences of Violation: MLMHearts reserves the right, in its sole discretion, to remove, edit, or modify any User Content that violates these Terms, our community guidelines, or is otherwise objectionable. We may also suspend or terminate your account and report your actions to appropriate legal authorities if your User Content is found to be in violation of these rules.

3.2.3. Reporting Violations: If you believe that any User Content violates these guidelines or infringes upon your rights or the rights of a third party, please contact us at hello@mlmhearts.com with a detailed description of the alleged violation.

3.3. Content Monitoring

3.3.1. No Obligation to Monitor: While MLMHearts reserves the right to monitor, review, or screen User Content, we have no obligation to do so. We cannot guarantee the immediate removal of content that may violate these Terms or any applicable laws.

3.3.2. User Responsibility: You acknowledge that you are solely responsible for your interactions with other users and the content you post or share on the Website. MLMHearts is not responsible for the accuracy, integrity, or quality of User Content, and does not endorse any opinions expressed by users.

3.3.3. Use at Your Own Risk: Any use of or reliance on User Content is at your own risk. MLMHearts does not guarantee the accuracy, completeness, or usefulness of any User Content, nor does it endorse or assume any responsibility for any User Content, including any content that may be offensive, harmful, inaccurate, or deceptive.

3.3.4. Third-Party Links and Content: User Content may include links to third-party websites, services, or content that is not controlled or endorsed by MLMHearts. We are not responsible for the content, availability, or practices of any third-party websites or services. Accessing third-party content is at your own risk, and you should review the terms and conditions and privacy policies of such third parties before engaging with their content or services.

3.3.5. Preservation of Evidence: MLMHearts reserves the right to preserve and disclose any User Content, along with any associated account information, as required by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any User Content violates the rights of third parties, or (d) protect the rights, property, or personal safety of MLMHearts, its users, or the public.

4. Purchases and Credits

4.1. Goods and Services

4.1.1. One-Time Payments: Users can purchase various goods, items, or services through our Website. All purchases are one-time payments unless otherwise specified. Upon completing a purchase, the associated credits or membership benefits will be immediately added to your account for use in accessing the Website's features.

4.1.2. Credits System: We offer a credits system that allows users to access specific features on the Website. Credits are available for purchase in packages, with bonus credits included in some packages.

4.1.3. Use of Credits: Credits can be used to unlock or access certain features and services on the Website. Each feature or service may require a specific number of credits. Once credits are used, they cannot be refunded or transferred.

4.2. Payment Terms

4.2.1. Authorization: By providing payment information, you authorize MLMHearts to charge the applicable fees to your chosen payment method. All charges are processed in U.S. dollars (USD) unless otherwise specified.

4.2.2. Finality of Payments: All payments made for credits, goods, items, or services are final and non-refundable, except as required by law or at MLMHearts' sole discretion. Please review your purchase carefully before completing the transaction.

4.2.3. Pricing and Taxes: The prices for credits, goods, items, and services are as stated on the Website and may be subject to change without prior notice. Any applicable taxes or additional fees will be calculated and displayed during the checkout process.

4.3. Disputes

4.3.1. Reporting Issues: If you encounter any issues with a purchase, including but not limited to incorrect charges, failure to receive credits, or access to purchased features, you must contact us at hello@mlmhearts.com within 30 days of the transaction date. Failure to report an issue within this timeframe may result in the forfeiture of your right to a refund or resolution.

4.3.2. No Further Liability: After 30 days from the transaction date, MLMHearts will have no further liability to you regarding the disputed purchase. Any refunds or remedies offered after this period are at MLMHearts' sole discretion.

5. Subscription Plans

5.1. Subscriptions

5.1.1. Plan Details: MLMHearts offers various subscription plans that provide users with full access to all features of the Website based on the duration of the subscription purchased. The available plans and their current pricing (13/08/2024) are as follows:

  • 1 Week Package: $10.00 (discounted to $5.00)
  • 1 Month Package: $20.00 (discounted to $15.00)
  • 3 Months Package: $45.00 (discounted to $25.00)
  • 6 Months Package: $90.00 (discounted to $50.00)
  • 12 Months Package: $180.00 (discounted to $90.00)

5.1.2. Recurring Billing: Subscription plans are billed on a recurring basis, as specified during the sign-up process, unless you cancel the subscription before the renewal date. By subscribing, you authorize MLMHearts to automatically charge the applicable subscription fees to your payment method at the beginning of each billing cycle until you cancel.

5.2. Free Trial

5.2.1. Trial Period: MLMHearts may offer a free trial period for its subscription plans. The length and availability of the trial period will be specified during the sign-up process. During the trial, you will have access to all features available under the selected subscription plan.

5.2.2. Automatic Conversion: If you do not cancel your subscription before the end of the trial period, your subscription will automatically convert to a paid subscription. You authorize MLMHearts to charge the applicable subscription fees to your payment method on the first day following the end of the trial period and on a recurring basis thereafter.

5.3. Cancellation

5.3.1. How to Cancel: You may cancel your subscription at any time through your account settings on the Website. If you cancel, your subscription will remain active until the end of the current billing cycle, and you will continue to have access to the subscribed features until that time.

5.3.2. No Refunds: Cancellations will take effect at the end of the current billing cycle. You will not be entitled to a refund or credit for any remaining period of your subscription after cancellation, except as required by law.

5.3.3. Impact on Credits and Access: Upon cancellation of a subscription, any unused credits will remain in your account and can be used to access features on the Website. However, access to features that require an active subscription will be restricted once the subscription period ends.

6. Upgrade Benefits

6.1. Available Benefits: Users who upgrade their accounts to a paid membership plan will receive the following enhanced features:

  • Advanced Match Search Options: Search for matches using detailed criteria such as attractiveness, body type, personality, and more, including public answers to questions.
  • Browse Profiles Invisibly: View profiles without leaving a trace, unless you choose to reveal your visit.
  • Message Read Receipts: Receive notifications when your messages are read by other users.
  • Ad-Free Experience: Enjoy faster page loads and a distraction-free browsing experience without advertisements.
  • Create Groups: Lead and moderate your own community by creating and managing groups on the Website.
  • Create Pages: Set up and manage pages for your brand or other interests, making them stand out on the Internet.
  • Audio Chat: Engage in long, private conversations with other users using the audio chat feature.

6.2. Pricing and Availability: The pricing and availability of these upgraded benefits are subject to change and will be clearly stated during the upgrade process. Discounts and promotions may be offered periodically at MLMHearts' discretion.

6. Intellectual Property

6.1. Our Content

6.1.1. Ownership: All content and materials on the Website, including but not limited to text, graphics, images, logos, icons, software, and visual designs (collectively, "Our Content"), are the exclusive property of MLMHearts, its affiliates, or its licensors. This includes all intellectual property rights, such as copyright, trademark, patent, and trade secret rights.

6.1.2. Prohibited Uses: You may not:

  • Copy, Reproduce, or Distribute: Reproduce, copy, distribute, or publicly display any of Our Content in any form or by any means, whether electronic, mechanical, or otherwise, without our explicit written permission.
  • Create Derivative Works: Create derivative works based on Our Content, including but not limited to modifications, adaptations, or translations.
  • Use for Commercial Purposes: Use Our Content for commercial purposes or in any manner that could cause confusion or dilute the distinctiveness of MLMHearts' trademarks or other intellectual property.
  • Transfer or License: Transfer, sublicense, or otherwise assign any rights in Our Content to any third party without our explicit written consent.

6.1.3. Requests for Permission: Any request for permission to use Our Content must be submitted in writing to MLMHearts at hello@mlmhearts.com. We reserve the right to deny any such request in our sole discretion.

6.1.4. Reservation of Rights: All rights not expressly granted in these Terms are reserved by MLMHearts. Your use of Our Content does not grant you any ownership rights or other intellectual property rights beyond those explicitly granted herein.

6.2. User Content Rights

6.2.1. License Grant: By uploading, submitting, or otherwise providing User Content to the Website, you grant MLMHearts a non-exclusive, royalty-free, perpetual, worldwide, transferable, sublicensable license to:

  • Use: Use, display, reproduce, and distribute the User Content in any format and through any media or technology now known or hereafter developed.
  • Modify: Modify, adapt, and create derivative works based on the User Content for any purpose, including commercial purposes.
  • Promote: Promote, market, and advertise the Website and its services using User Content.

6.2.2. No Compensation: You acknowledge that MLMHearts is not obligated to pay you any compensation or provide you with any credit for the use of your User Content. This includes any commercial exploitation or promotional activities involving User Content.

6.2.3. Ownership of User Content: You retain ownership of any rights you hold in your User Content, subject to the license granted to MLMHearts. By providing User Content to MLMHearts, you represent and warrant that you have the necessary rights to grant the license described above.

6.2.4. No Endorsement: The inclusion of User Content on the Website does not imply endorsement, approval, or validation of such content by MLMHearts. We do not assume any responsibility or liability for User Content, including its accuracy, legality, or appropriateness.

7. Feedback and Suggestions

7.1. Submission of Feedback: If you provide MLMHearts with any feedback, suggestions, ideas, or other input related to the Website or its services (collectively, "Feedback"), you acknowledge and agree that:

  • No Obligation: MLMHearts has no obligation to review, consider, or implement your Feedback.
  • Right to Use: MLMHearts may use, disclose, and incorporate your Feedback into its business operations and product development without any obligation to you.
  • Ownership and Compensation: All Feedback submitted to MLMHearts becomes the property of MLMHearts, and you waive any right to compensation, credit, or ownership of any ideas or contributions resulting from the Feedback. MLMHearts at its own discretion may award compensation in case by case circumstances.

7.2. Development and Commercialization: MLMHearts has the right to develop, market, and sell products or services based on or incorporating your Feedback without any obligation to you. This includes, but is not limited to, the right to use, license, and commercialize any ideas or concepts derived from your Feedback.

7.3. No Confidentiality: You should not submit any Feedback that you consider confidential or proprietary. MLMHearts assumes no responsibility for maintaining the confidentiality of any Feedback provided by you.

7.4. Feedback Channels: Any Feedback provided to MLMHearts should be directed to hello@mlmhearts.com. MLMHearts will not be responsible for any unauthorized use of Feedback submitted through other channels or methods.

8. Promotions, Contests, and Sweepstakes

8.1. Promotions

8.1.1. Definition and Scope: From time to time, MLMHearts may offer various promotions, contests, sweepstakes, and similar activities (collectively, "Promotions") to engage users and enhance their experience on the Website. These Promotions may include, but are not limited to, discount offers, giveaways, competitions, and special events.

8.1.2. Separate Rules and Regulations: Each Promotion will be governed by its own set of rules and regulations, which will be posted on the Website or otherwise provided to participants. These rules will outline the eligibility criteria, entry procedures, deadlines, prizes, and any other relevant details specific to the Promotion.

8.1.3. Eligibility: Participation in any Promotion may be subject to specific eligibility requirements, including but not limited to age restrictions, geographical limitations, and membership status. It is your responsibility to review and ensure you meet the eligibility criteria before participating.

8.1.4. Acceptance of Rules: By participating in any Promotion, you agree to abide by the applicable rules and regulations, as well as these Terms. Your participation constitutes your acceptance of and agreement to comply with all terms and conditions associated with the Promotion.

8.1.5. Decision-Making: All decisions made by MLMHearts regarding Promotions are final and binding. This includes decisions related to winner selection, prize distribution, and any disputes that may arise in connection with the Promotion.

8.1.6. Disqualification: MLMHearts reserves the right to disqualify any participant who is found to be in violation of the Promotion rules, these Terms, or any applicable laws. Disqualified participants will forfeit any prizes or benefits associated with the Promotion.

8.1.7. Privacy: Participation in Promotions may require the collection of personal information. By participating, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

9. User Conduct

9.1. Prohibited Activities

9.1.1. General Conduct

9.1.1.1. Compliance with Terms and Laws: You agree to use the Website in a manner that is lawful, respectful, and in full compliance with these Terms, our community guidelines, and all applicable laws and regulations. This includes adhering to any specific rules or instructions provided by MLMHearts in relation to your use of the Website.

9.1.1.2. Respect for Other Users: You must treat other users with respect and courtesy. Any behavior that disrupts the normal functioning of the Website or negatively impacts other users’ experience is prohibited.

9.1.1.3. Non-Interference: You agree not to interfere with, disrupt, or manipulate the Website, its features, or its underlying infrastructure. This includes, but is not limited to, any activity that could compromise the security, performance, or stability of the Website.

9.1.2. Specific Prohibited Activities
The following activities are expressly prohibited and may result in immediate suspension or termination of your account, as well as legal action:

9.1.2.1. Spamming

  • Unsolicited Communications: Sending unsolicited or unauthorized advertising, promotional materials, or spam messages to other users or to any email addresses associated with the Website.
  • Automated Systems: Using automated systems or software to send bulk messages or to post repetitive or unsolicited content.

9.1.2.2. Hacking

  • Unauthorized Access: Attempting to gain unauthorized access to any part of the Website or its associated systems, including user accounts, servers, or databases.
  • Disruption: Engaging in activities that disrupt or interfere with the normal operation of the Website, such as launching denial-of-service attacks or exploiting security vulnerabilities.

9.1.2.3. Transmission of Malware

  • Malicious Software: Uploading, distributing, or otherwise transmitting viruses, worms, trojans, ransomware, spyware, or any other malicious software or code that could damage, disrupt, or compromise the Website or users' devices.
  • Phishing: Attempting to deceive other users into providing personal information or credentials through fraudulent means, such as phishing schemes or social engineering.

9.1.2.4. Harassment

  • Abusive Behavior: Engaging in any form of harassment, threats, or abusive behavior toward other users. This includes but is not limited to, intimidation, stalking, and the use of offensive language.
  • Discrimination: Posting or sharing content that discriminates against, targets, or harasses individuals based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.

9.1.2.5. Impersonation

  • Misrepresentation: Impersonating or falsely representing yourself as another person, including other users, MLMHearts employees, affiliates, or any public figure.
  • Falsified Communication: Using another person’s identity or credentials to communicate or interact with others on the Website.

9.1.2.6. Infringement

  • Intellectual Property Violations: Violating the intellectual property rights of MLMHearts or any third party, including unauthorized use, reproduction, or distribution of copyrighted materials, trademarks, or other proprietary content.
  • Content Plagiarism: Copying or using content from other sources without proper authorization or attribution.

9.1.2.7. Fraud

  • Deceptive Practices: Engaging in fraudulent activities, including but not limited to false representation, identity theft, financial scams, or deceptive practices designed to mislead or deceive other users or MLMHearts.
  • Misuse of Services: Using the Website or its features in a manner intended to gain unauthorized benefits, including exploiting any promotional offers or subscription plans inappropriately.

9.1.2.8. Illegal Activities

  • Criminal Acts: Conducting any illegal activities or promoting illegal actions, including but not limited to, gambling, drug trafficking, and other criminal offenses.
  • Violation of Regulations: Engaging in activities that violate any local, state, national, or international laws or regulations applicable to your use of the Website.

9.1.3. Reporting Violations

  • Notification: If you become aware of any prohibited activities or violations of these Terms, you are encouraged to report such activities to MLMHearts immediately through our designated reporting channels.
  • Investigation: MLMHearts reserves the right to investigate reported violations and take appropriate action, including but not limited to, account suspension, termination, or legal action.

9.1.4. User Responsibilities

  • Compliance: You are responsible for ensuring that your use of the Website and its features complies with these Terms and applicable laws at all times.
  • Account Security: You are responsible for maintaining the security and confidentiality of your account credentials and for all activities that occur under your account.

9.2. Enforcement

9.2.1. Investigations: MLMHearts reserves the right to investigate any suspected violations of these Terms or illegal activities. This may involve monitoring user activities, accessing user accounts, and cooperating with law enforcement authorities as needed.

9.2.2. Action: MLMHearts may take appropriate action against users who violate these Terms or engage in prohibited activities. This may include:

  • Suspension or Termination: Suspending or terminating user accounts, including the removal of access to the Website and its features.
  • Legal Action: Pursuing legal action, including civil lawsuits or criminal charges, against individuals or entities involved in violations or illegal activities.
  • Reporting: Reporting violations to relevant law enforcement agencies, regulatory authorities, or other appropriate entities.

9.2.3. Liability: MLMHearts is not liable for any consequences resulting from actions taken in response to violations of these Terms, including any loss of data, disruption of services, or legal repercussions for users.

10. Copyright Infringement

10.1. DMCA Compliance

10.1.1. Notification Process: If you believe that any content on our Website infringes your copyright, you must notify our Copyright Agent at dmca@mlmhearts.com. Your notice should include the following information:

  • Identification of the Infringed Work: A description of the copyrighted work that you believe has been infringed.
  • Identification of the Infringing Content: A description of where the infringing content is located on the Website, including URLs or other identifying information.
  • Contact Information: Your contact information, including your name, address, phone number, and email address.
  • Statement of Authority: A statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • Statement of Accuracy: A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

10.1.2. Response to Notices: MLMHearts will review and respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act. We may remove or disable access to the allegedly infringing content if we determine that the notice complies with the DMCA requirements.

10.1.3. Counter-Notices: If you believe that your content was removed or disabled in error, you may submit a counter-notice to our Copyright Agent at dmca@mlmhearts.com. Your counter-notice should include:

  • Identification of the Removed Content: A description of the content that was removed or disabled.
  • Statement of Good Faith: A statement that you believe the content was removed or disabled as a result of a mistake or misidentification.
  • Contact Information: Your contact information and a statement consenting to the jurisdiction of the federal court in your district.

10.1.4. Repeat Infringers: MLMHearts reserves the right to terminate the accounts of users who are determined to be repeat infringers or who otherwise engage in repeated copyright violations.

10.1.5. Limitation of Liability: MLMHearts shall not be liable for any damages or losses arising from the removal of content or termination of accounts in response to copyright infringement claims. Our liability in such matters is limited to the extent required by applicable law.

11. Disclaimer of Warranties

11.1. As Is Basis

11.1.1. No Warranties: The Website, including all content, services, and products provided through it, is offered on an "as is" and "as available" basis. MLMHearts expressly disclaims all warranties and conditions of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to:

  • Implied Warranties of Merchantability: No warranty that the Website will meet your expectations of quality or performance.
  • Implied Warranties of Fitness for a Particular Purpose: No warranty that the Website will be suitable for any specific purpose or need you may have.
  • Implied Warranties of Non-Infringement: No warranty that the Website or any content available through it will be free from claims of infringement or violation of any third-party rights.

11.1.2. Accuracy and Reliability: MLMHearts does not guarantee the accuracy, completeness, reliability, or timeliness of the Website’s content or services. All content is provided for informational purposes only and may contain errors or omissions.

11.1.3. Service Availability: MLMHearts does not warrant that the Website will be available at all times or without interruption. We reserve the right to modify, suspend, or discontinue the Website or any part of it at any time without notice and without liability to you.

11.1.4. Third-Party Links and Content: The Website may contain links to or content from third-party websites or services. MLMHearts does not endorse or assume any responsibility for the content, privacy practices, or business practices of any third-party websites or services. Accessing third-party sites is done at your own risk.

11.2. No Guarantee

11.2.1. Security Risks: MLMHearts does not guarantee that the Website will be secure from unauthorized access, data breaches, or other security threats. While we implement reasonable measures to protect the Website and its users, we cannot ensure absolute security.

11.2.2. Error-Free Operation: MLMHearts does not guarantee that the Website will be free from errors, bugs, viruses, or other harmful components. We make no representation that the Website will operate without interruption or that any defects will be corrected.

11.2.3. User Responsibility: You acknowledge that your use of the Website is at your own risk. It is your responsibility to take appropriate precautions to protect your devices, data, and personal information from any potential risks associated with using the Website.

11.2.4. No Liability for Damages: MLMHearts shall not be liable for any damages resulting from your use of the Website, including but not limited to indirect, incidental, special, consequential, or punitive damages, or any loss of data or profits, whether arising in contract, tort, or otherwise.

12. Limitation of Liability

12.1. Liability Limitation

12.1.1. Extent of Liability: To the fullest extent permitted by applicable law, MLMHearts shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or business opportunities, whether incurred directly or indirectly. This includes, but is not limited to:

  • Indirect Damages: Damages that are not the direct result of the issue but arise as a consequence of using or being unable to use the Website.
  • Incidental Damages: Damages that occur as a side effect of the primary damage or loss.
  • Special or Consequential Damages: Damages that are not a direct result but follow from the specific circumstances of your use of the Website.

12.1.2. Specific Exclusions: MLMHearts shall not be liable for damages resulting from:

  • Access or Use Issues: Any inability to access or use the Website, or any issues related to the performance, reliability, or accuracy of the Website.
  • Unauthorized Access: Unauthorized access to or use of our servers or any personal information stored therein, including but not limited to data breaches or hacking incidents.
  • Service Interruptions: Any interruption, suspension, or cessation of transmission to or from the Website, including outages or downtimes.
  • Malware: Any bugs, viruses, trojan horses, worms, or other malicious software or harmful components that may be transmitted to or through the Website by third parties.

12.1.3. Limitations on Claims: In no event shall MLMHearts’ total liability to you for all claims arising out of or related to your use of the Website exceed the amount you have paid to MLMHearts, if any, for the use of the Website or services that gave rise to the claim. This limitation of liability applies to the extent permitted by applicable law and does not apply to damages resulting from gross negligence or willful misconduct by MLMHearts.

12.1.4. No Warranty of Results: MLMHearts makes no warranty regarding the results that may be obtained from using the Website or any services offered through it. Any reliance on the content or services provided by MLMHearts is done at your own risk.

13. Indemnification

13.1. User Indemnification Obligations

13.1.1. Indemnity: You agree to indemnify, defend, and hold harmless MLMHearts, its affiliates, and their respective officers, directors, employees, agents, and licensors (collectively, "Indemnitees") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees, including reasonable attorneys' fees and court costs, arising out of or related to:

  • Use of the Website: Your use of the Website or any services, features, or content accessed through the Website.
  • Violation of Terms: Your violation of these Terms, including any breach of representations, warranties, or covenants made herein.
  • Intellectual Property Infringement: Any infringement of intellectual property or other rights of any person or entity caused by your User Content or actions.
  • Third-Party Claims: Any claims or disputes brought by third parties arising out of or related to your use of the Website or your interactions with other users.

13.1.2. Defense and Settlement: MLMHearts reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with MLMHearts in asserting any available defenses. You may not settle any claim without the prior written consent of MLMHearts, which shall not be unreasonably withheld.

13.1.3. Notification: You agree to promptly notify MLMHearts of any claims, demands, or actions for which indemnification may be sought. Failure to provide prompt notice may impair MLMHearts' ability to defend against such claims or demands and may affect your indemnification obligations.

13.1.4. No Limitation on Liability: The indemnification obligations set forth in this Section 13 are in addition to any other liability you may have under these Terms or applicable law. They do not limit or exclude any other rights or remedies available to MLMHearts or its affiliates.

14. Governing Law

14.1. Jurisdiction and Venue
14.1.1. Governing Law: These Terms and any disputes or claims arising out of or related to them, including their formation, interpretation, or performance, shall be governed by and construed in accordance with the laws of the jurisdiction in which MLMHearts operates, without regard to its conflict of law principles.

14.1.2. Personal Jurisdiction: You agree to submit to the personal and exclusive jurisdiction of the courts located in that jurisdiction for the resolution of any disputes arising out of or related to these Terms or your use of the Website. This means that any legal action or proceeding relating to these Terms or the Website must be brought in the courts of that jurisdiction.

14.1.3. Venue: The courts located in the specified jurisdiction shall have exclusive venue and jurisdiction over any disputes, and you consent to such venue and jurisdiction. This includes waiving any objection to the location or convenience of the court.

15. Changes to Terms

15.1. Modifications to Terms

15.1.1. Right to Modify: MLMHearts reserves the right to modify, update, or change these Terms at any time, at our sole discretion. Such changes may be made for various reasons, including but not limited to changes in legal requirements, the introduction of new services, or improvements to the Website.

15.1.2. Effective Date of Changes: Any modifications to these Terms will become effective immediately upon posting on the Website. The date of the most recent update will be indicated at the top of the Terms.

15.1.3. Continued Use: Your continued use of the Website following the posting of any changes constitutes your acceptance of and agreement to the revised Terms. It is your responsibility to review these Terms regularly to stay informed of any updates or changes.

15.1.4. Notification of Changes: While MLMHearts is not obligated to notify you of changes, we may, at our discretion, provide notifications via email, on the Website, or through other communication methods. It is your responsibility to check for updates regularly.

16. Termination

16.1. Termination by MLMHearts

16.1.1. Right to Terminate: MLMHearts reserves the right to terminate or suspend your account and access to the Website at any time, with or without cause and with or without prior notice. This includes, but is not limited to, conduct that MLMHearts believes:

  • Violation of Terms: Violates these Terms or our community guidelines.
  • Harmful Behavior: Is harmful to other users, the Website, or MLMHearts.
  • Discretionary Termination: Is deemed necessary by MLMHearts for any other reason at its sole discretion.

16.1.2. Immediate Effect: Termination or suspension of your account will take effect immediately upon notice from MLMHearts. This notice may be provided through email, the Website, or any other communication method deemed appropriate by MLMHearts.

16.2. Effect of Termination

16.2.1. Cease of Rights: Upon termination of your account, your right to access and use the Website will immediately cease. You will no longer have access to any services, content, or features previously available to you.

16.2.2. Survival of Terms: All provisions of these Terms that by their nature are intended to survive termination shall remain in effect. This includes, but is not limited to:

  • Ownership Provisions: Rights and ownership of intellectual property.
  • Warranty Disclaimers: Disclaimers and limitations of warranties.
  • Indemnity Obligations: Your obligation to indemnify MLMHearts.
  • Limitation of Liability: Limitations on MLMHearts' liability.

16.2.3. Post-Termination Access: MLMHearts may retain certain information or data related to your account as required by law or for legitimate business purposes, even after termination.

17. Contact Us

If you have any questions regarding these Terms, please contact us at hello@mlmhearts.com.