- Terms of Service
- California Privacy Rights
- Claim Copyright
- Links monetized by VigLink
I. Terms of Service
II. User Accounts
III. General Terms
B. The Services may include advertisements targeted to users, Content or queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
C. The Services that we provide are always evolving and the form and nature of the Services may change from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
IV. User Posted and Third Party Content
A. We do not review new Content prior to it being Posted on the Website or through the Services. By Posting Content to our server, you guarantee us that you have the right to make this Content available for use in accordance herewith. You further agree that Content you Post to the Services will not contain third party copyrighted material, or material that is subject to other third party rights (including rights relating to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to Post the material and to grant We Heart It all of the license rights granted herein.
B. Any use or reliance on Content Posted using the Services or obtained by you through the Services, including any Content you Reheart, is at your own risk.
C. We do not guarantee, support or represent the completeness, reliability, truthfulness or accuracy of any Content appearing on the Website or the Services. You understand that by using the Services, you may be exposed to Content you may find offensive, inaccurate or otherwise inappropriate, deceptive or in some cases, mislabeled. We expressly disclaim any liability for any Content, including, but not limited to, any errors or omissions within any Content, or any loss or damage of any kind incurred as a result of the use of any Content Posted, emailed or otherwise made available via the Services.
V. CONTENT OWNERSHIP AND GRANT OF RIGHTS
A. We Heart It and/or its third party licensors retain ownership of all intellectual property rights in this Website, the Services and any software, mobile applications, web browser extensions and/or bookmarklets made available to you in connection with the Services. However, we do not claim any ownership in the Content you or our other users Post.
B. So that We Heart It can operate, maintain, market and improve our Website, our mobile applications and our Services and our users can use and enjoy the same, when you Post Content through our Services (including any Content you have Hearted), you give We Heart It a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), copy and create derivative works of such Content (either alone or as part of a collective work). As part of the foregoing license grant (the "User Content License"), you agree that the other users of our Services shall have the right to comment on your Content and/or to include a copy of your Content as part of their own user profile and Hearted Content ("ReHearting") and (ii) that we have the right to make any of your publicly-Posted Content available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze your Content on other media and services (either alone or as part of a collective work).
C. Because of the social nature of Content shared through our Services, when you Post something publicly on our Website or through our Services, others may choose to add descriptive commentary and tags to your Content and/or to ReHeart your Content, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others and/or removing Content from another user’s profile. As such, and in order to maintain the integrity of the Services, you agree that We Heart It’s rights under the User Content License will continue to survive in perpetuity even if you stop using the Services or your account is otherwise terminated.
D. Upon termination of your Account or upon your deletion of any Content from the Services, We Heart It shall make reasonable efforts to disassociate such Content from your User Account; however, you acknowledge and agree that: (a) caching of, copies of, or references to such Content may not be immediately removed; (b) such removed Content may persist in backups for a reasonable period of time; and (c) such removed Content may continue to be publicly available (and stored on our or third party servers) through the accounts of other users, if the same has been ReHearted.
VI. Prohibited Actions
A. You agree that you will not:
- Take any actions with respect to your use of the Website or our Services that are unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions, accounts or photographic depictions of sexual or violent acts;
- Post any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, but not limited to Posting discriminatory, racist or xenophobic Content;
- Post any Content that includes images or videos portraying realistic images of people or animals being killed or maimed, shot, stabbed, tortured or injured;
- Post any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Post any Content that you do not have a right to do so under any law or under any contractual or fiduciary relationship;
- Post any Content that encourages excessive consumption of alcohol or illegal substances, or encourages minors to consume alcohol or smoke cigarettes;
- Post web links to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website, our mobile applications or the Services, or any system or computer our visitors and users access the Website, mobile applications or Services from;
- Use any robot, spider or other automatic device, process or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website, in violation of our robot.txt.
- Interfere with or disrupt the Website or our Services or servers or networks linked to the Website or our Services, or disobey any requirements, procedures, policies, or regulations of networks linked to the Website or our Services;
- Violate any applicable local, state, national, or international law;
- Post any Content that includes images or videos of children, without first obtaining the consent of their parent or guardian to Post such Content;
- Post any Content, or take any other actions with respect to your use of the Website or our Services, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
- Send unsolicited messages to users (spam) for commercial purposes;
- Use the Website our Services for commercial purposes without our prior written consent;
- Solicit other guests of the Website or our Services to become members of any commercial on-line service or other group or organization without first obtaining our express written consent; or
- Post any Content that encourages thinspiration, depression, suicide, self-harm, eating disorder, drug use or any behavior that can negatively influence other users.
VII. Digital Millennium Copyright Actions
A. DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe that any Content Posted on our Website or through our Services infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (set forth in Section VII(B)) with the following information (see 17 U.S.C 512(c)(3) for further detail):
- A signature (physical or electronic) of the owner or a person who has been authorized by the owner of the allegedly infringed right to act on their behalf;
- Identification of the copyrighted work or other intellectual property that has allegedly been infringed;
- Identify the material on the Website or our Services that alleged to be infringing, with enough detail so that we are able to locate it on the website. Providing a URL or URLs is the most effective method of identifying such material;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Information reasonably sufficient to permit We Heart It to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
- To expedite our ability to process your request, such written notice may be sent to our designated agent via our online copyright complaint form below. You will need a We Heart It account in order to utilize this tool.
Copyright Complaint Webform
- If you prefer to contact us via postal mail or email you may do so here: Copyright Agent, We Heart It, 442 Post St. Fl. 10, San Francisco, CA 94102-1510, USA, Email: email@example.com.
B. We Heart It’s designated Copyright Agent to receive notifications of claimed infringement is: Ranah Edelin.
C. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to We Heart It customer support at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(C), your DMCA notice may not be valid.
D. Counter-Notices. If you believe that your Content that has been removed from the Website or our Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Post and use the Content in the manner so Posted or used, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the Content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the Content was removed as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the State of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
E. If a counter-notice is received by our copyright agent, We Heart It may send a copy of the counter-notice to the original complaining party informing such person that We Heart It may reinstate the removed Content in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may (in We Heart It’s discretion) be reinstated on the Website and our Services by We Heart It in 10 to 14 business days or more after receipt of the counter-notice.
VIII. Account Termination Policy
X. Electronic Communications
You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this Website and/or through our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
XII. Governing Law; Dispute Resolution
A. Informal Resolution. You and We Heart It agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 30 days after one of us notifies the other of a Claim in writing. We Heart It will send its notice to your email address. You will send your notice to email@example.com.
C. Formal Resolution. If we cannot resolve a Claim informally, you and We Heart It each agree to submit to personal jurisdiction in New York and agree that any and all Claims either of us asserts shall be exclusively brought in the appropriate state or federal court in the Southern District of the State of New York, provided that neither you nor We Heart It shall be precluded from filing a Claim in small claims court, regardless of whether such small claims court is located in New York, for disputes within the jurisdiction of a small claims court.
XIII. Disclaimers and Limitation of Liability
A. No Express or Implied Warranties. OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WE HEART IT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT). WE HEART IT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE HEART IT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME JURISDICTIONS DO NOT ALLOW WARRANTIES TO BE EXCLUDED, RESTRICTED OR MODIFIED AND CONTAIN LIMITATIONS AS TO HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR PLACE OF RESIDENCE. WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL. AS SUCH, WE ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS BY ANY OTHER PARTY FURNISHING A PORTION OF OUR SERVICES. USE OF OUR SERVICES AND ANY RELIANCE BY YOU UPON OUR SERVICES IS AT YOUR SOLE RISK. THIS INCLUDES ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE.
B. Limitation of Liability. IN NO EVENT SHALL WE HEART IT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HEART IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE HEART IT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEE WE COLLECT FROM YOU, IF ANY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. The Services are controlled and offered by We Heart It from its facilities in the United States of America. We Heart It makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
A. Suggestions and Feedback. We welcome feedback or inquiries about our services. However, if you elect to provide any feedback or comments of any nature to us, all of such feedback and comments shall be our sole and exclusive property and we will have the right to use such feedback in any manner and for any purpose at our discretion without remuneration, compensation or attribution to you, provided that we are under no obligation to use such feedback.
E. Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Website and/or Services are entitled to receive the following specific consumer rights notice: The provider of the Website and Services is WHI, Inc., and can be contacted at the address found in Section XIV(G). As of the date of these terms, no direct charges are imposed by the Website or the download of our mobile applications. If you have a complaint with the services provided on the Website or through our Services or wish to request further information, please contact us at the physical address set forth in in Section XIV(G) with a description of your request. We cannot guarantee a response in any particular time period. If you remain unsatisfied, contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.
F. For Parents and Guardians. This Website and our Services are not intended for children under the age of 13. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. You can find out about software that protects your kids at http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm and at http://kids.getnetwise.org/tools/.