TERMS OF SALE
1. Customer Photos – All photographs uploaded by customers to the MyHeartWallTM (“MHW”) website are processed and incorporated into the customer’s finished product without alteration, editing, touchup or other modification by MHW staff. Accordingly, customers should make sure that they are comfortable with the quality of the photographs they have uploaded. Customers can “preview” uploaded photos at the time of order placement. MHW disclaims responsibility for the quality of photographs uploaded by customers.
2. Customer Measurements – All measurements inputted into the system are the responsibility of the customer. It is recommended that these measurements are done very carefully and double checked prior to placement of orders. MyHeartWallTM will not take responsibility for any production flaws due to receipt of wrong measurements.
3. All Orders Final – Subject to Section 5 of these Terms of Sale, due to the customized nature of MyHeartWallTM, all orders are final once placed through the MHW website or through an authorized MHW representative.
4. Delivery Time – MHW will use its best efforts to deliver products to customer within four (4) weeks or order placement.
5. Response Time– MHW will uses a 24 and 48 hour rule in terms of response time. These hours apply to regular workweek days only, Monday - Friday.
6. Force Majeure -- MHW is not responsible for events beyond its reasonable control which delay or prevent delivery of customer product orders. Such events include (but are not limited to) acts of war or terrorism, natural or man-made disasters, power or system outages, labor disputes, or compulsory acquisition of MHW by any governmental authority.
7. Warranty – Subject to Section 2 of these Terms and Conditions, in the event that any product delivered to customer is defective in materials or production, MHW will replace such product at no charge to customer, provided that customer notifies MHW in writing no more than five (5) calendar days after receipt of the product. In no event shall MHW be responsible for consequential damages, exemplary damages, lost profits, or incidental damages related to its sale of products to customer. THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR WHICH MHW IS RESPONSIBLE, AND IT SPECIFICALLY EXCLUDES ANY OTHER EXPRESS OR IMPLIED WARRANTIES.
8. Changes to these Terms of Sale -- From time to time we may make changes to these Terms of Sale. If we make changes, we will post them on our website so that our customers are up to date on any such changes.
CONTACTING US -- If you have any questions about these Terms of Sale, please contact us at: hello@MYHEARTWALL.com.
Terms and Conditions of Use
Unless explicitly stated otherwise, any current, updated and new products and services offered on this website ("Products and Services"), including the addition of new products and services, are subject to these Terms and Conditions of Use ("Terms and Conditions"). MYHEARTWALL, an Ohio [Limited Liability Company] reserves the right to amend these Terms and Conditions at any time.
By using the website whose home page is located at http://www.MYHEARTWALL.com (the “Site”) you agree to be bound by these Terms and Conditions ("User"). Because the Terms and Conditions contain legal obligations, please read them carefully. These Terms and Conditions of Use relate only to your use of the Site and are in addition to the MYHEARTWALL business terms.
By using the Site, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to the Site. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Site is subject to compliance with these Terms and Conditions. You acknowledge and agree that MYHEARTWALL may terminate your access to the Site for any reason, or should you fail to comply with the Terms and Conditions or any other guidelines and rules published by MYHEARTWALL. You acknowledge and agree that MYHEARTWALL may display on the Site or social media channels for promotional purposes any photographic content that you upload to the Site. In addition, MYHEARTWALL, may, in its absolute discretion, reject any inappropriate or copyrighted photographic content submitted by a visitor for use in creating MYHEARTWALL products.
3. VISITOR CONDUCT
As a User, you shall not:
1. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content from the Site.
2. Sell, distribute, or make any commercial use of data obtained from the Site or use such data in a manner which could be expected to offend the person for whom the data is relevant.
3. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
4. Intentionally or unintentionally violate any applicable local, state, national or international law including but not limited to copyright laws.
5. Disobey any MYHEARTWALL employee or representative or interfere with any action by any MYHEARTWALL employee or representative to redress any violation of these Terms and Conditions.
6. Use any software deployed in connection with the Site to process data as a service to other entities without the express written consent of MYHEARTWALL or the party from whom such software may be licensed.
7. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Site.
4. DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MYHEARTWALL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. IN ADDITION, MYHEARTWALL HAS NO RESPONSIBILITY FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY WEBSITES THAT MAY BE ACCESSED THROUGH THE SITE.
5. NO LICENSE; INTELLECTUAL PROPERTY OF MYHEARTWALL AND OTHERS
Except as expressly provided herein, nothing within the Site shall be construed as conferring any license under any of MYHEARTWALL's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Site is protected by copyright, trademark, patent, or other proprietary rights of MYHEARTWALL and its and its service providers. Except as expressly provided to the contrary herein, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by MYHEARTWALL in connection with the Site.
In addition, by posting content on the Site (including, but not limited to, photographs), you warrant and represent that you own such content posted by you or otherwise have the right to grant the license set forth in this section, and that such content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any content you post on the Site.
In order to make it possible for MYHEARTWALL to provide its Products and Services, you hereby grant MYHEARTWALL a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, transmit, publicly display, publicly perform and distribute any content posted by you on or through the Site (including, but not limited to photographs that you upload to the Site), to publish and promote such content in connection with the particular Products and Services, to publish and promote such content on any other MYHEARTWALL website through links to the Site, and to sublicense such rights solely as necessary to provide the Products and Services.
6. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
The trademark "MYHEARTWALL" and copyrights in all other content appearing on the Site are the sole and exclusive property of MYHEARTWALL and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks or content appearing throughout the Site without the prior express written consent of MYHEARTWALL is strictly prohibited. MYHEARTWALL may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a visitor to leave the Site to access third-party material or by bringing the third party material into this Site via "inverse" hyperlinks and framing technology. MYHEARTWALL has no control over such sites and resources. You acknowledge and agree that MYHEARTWALL is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MYHEARTWALL shall not be responsible or liable, wholly or partially, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
7. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Site, all legal issues arising from or related to the use of the Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Ohio applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any visitor's use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cleveland, Ohio and judgment on the arbitration award may be entered into in any state or federal court in Ohio having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Ohio having jurisdiction thereof. Except as set forth above, the state and federal courts of Ohio shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any visitor's use of the Site. By using the Site and thereby agreeing to these Terms and Conditions, visitors consent to personal jurisdiction and venue in the state and federal courts in Ohio with respect to all such disputes.
8. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
MYHEARTWALL reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the Site. MYHEARTWALL reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
MYHEARTWALL may collect Visitor submitted personal
information such as name, mailing address, email address, telephone number and
age to authenticate Visitors, and to send notifications to those Visitors
relating to, without limitation, Myheartwall.com, special events, contests and
We may also log non-personally-identifiable information including IP address, profile information, aggregate Visitor data, and browser type, from Visitors and other visitors to the site. This data is used to improve the website services, to analyze trends, to administer the site, to track Visitors' movements around the site and to gather demographic information about our Visitor base as a whole. MYHEARTWALL will not use the information collected to market directly to that person. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to Visitors. Visitor IP addresses are recorded for security and monitoring purposes.
MYHEARTWALL may also use a Visitor's email address to send updates, a newsletter or news regarding the service. MYHEARTWALL may send email messages which use a "click-through URL" linked to content (including, but not limited to photographic content uploaded by Visitors) on the MYHEARTWALL website. When a customer clicks one of these URLs, they pass through our web server before arriving at the destination web page. MYHEARTWALL tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.
From time to time, MYHEARTWALL or a partner may sponsor a promotion, sweepstake or contest on MYHEARTWALL. Visitors may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. MYHEARTWALL may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
MYHEARTWALL may also collect information for market research purposes to gain a better understanding of our customers and thus provide more valuable service. MYHEARTWALL also collects information regarding customer activities on our website, and on related websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our website and services are of most interest to them.
Please be aware that whenever you voluntarily post public information to chat rooms, profiles, message boards or any other public forums, that information can be accessed by the public and can be used to send you unsolicited communications. MYHEARTWALL is not responsible for the personally identifiable information you choose to submit on MYHEARTWALL . Please think before you post any personal information online.
Visitors may modify or remove any of the personal information contained in their Profile at any time by logging into their account and accessing the account features.
Visitors who no longer wish to receive updates or notifications may choose not to by opting-out. You can opt-out by editing your account profile. All notification emails and MYHEARTWALL newsletters also include the above instructions for opting-out of those communications in the future.
Visitors accounts are secured by Visitor-created passwords. MYHEARTWALL takes precautions to insure that account information is kept private. MYHEARTWALL uses reasonable measures such as encryption to protect private information that is stored within our database against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction, and we restrict access to such private information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that MYHEARTWALL cannot guarantee the security of Visitor account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. Visitors are urged to also take precautions to protect their personal data by changing passwords often using a combination of letters and numbers, and using a secure web browser.
SHARING AND DISCL
PRIVACY OF CHILDREN
MYHEARTWALL is not directed to children under the age of 13. We operate our site in compliance with the Children's Online Privacy Protection Act of 1998, and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age. This requirement is clearly posted during the registration process.