Unlock My Heart
Effective Date November 19, 2024
Unlock My Heart (UMH) Terms of Use
These Terms of Use (“Terms”) set out the legal terms and conditions governing your use of the mobile application (“App”) and related services (collectively, the “Service”) of Unlock My Heart, LLC and its third-party licensors [link]("UMH", "we", "our", or "us") and what responsibilities you and UMH have to each other. These Terms contain important information regarding your legal rights.
1. Acceptance of Terms
By using the Service, you represent and warrant that (i) you meet the Eligibility requirements; (ii) User Content will not constitute Prohibited Activities and (iii) your use of the Service will not violate UMH’s Intellectual Property or third-party Software, all as set forth in these Terms.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING OUR PRIVACY POLICY, REFERENCED HEREIN AND INCORPORATED HERETO. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT ALLOWED TO USE THE SERVICE AND SHOULD STOP ITS USE IMMEDIATELY.
2. Eligibility
You must be at least 18 years old to use the Service and reside in the United States (its territories and possessions) and consent to use the Service in accordance with the laws of the United States and these Terms. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are between the ages of 13 and 18 years old, you represent and warrant that your parents or legal guardian has read these Terms and agreed to them and your use of the Service.
3. Account Registration
3.1 Account Creation
To use certain features of the Service, you must create an account which you can terminate at any time. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account as well as your username and password. The username and password you use to access the Service are for personal use only. You agree to notify us immediately of any unauthorized use of your account, username, and/or password or any other breach of security.
You are responsible for any and all activity on your account. If you authorize any third party to use your account and log-in credentials (i.e., username and password), you are responsible for such activity and use of your account. At its sole discretion, UMH may terminate your account and refer you to appropriate law enforcement authorities, if it suspects illegal or fraudulent activity on your account.
UMH employs robust security measures, however, we cannot guarantee that the Service will be 100% virus-free. You are responsible for ensuring that you implement the appropriate IT measures and security safeguards necessary for your use of the Service.
4. User Content
4.1 Ownership
You retain all ownership rights to the content you submit, post, or display on or through the Service ("User Content"). You represent and warrant that you own all User Content or are otherwise authorized to grant the below-referenced license. By submitting User Content, you grant UMH a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content for the purposes of providing and improving the Service.
You are solely responsible for your use of the Service as well as any statements and/or representations that you make in User Content and any interaction with other users of the Service. You acknowledge that UMH is not responsible for your use of the Service and/or for User Content on the Service and you expressly agree to hold harmless UMH from any and all responsibility and to refrain from any legal action against UMH regarding User Content.
4.2 Content Restrictions
You agree not to submit User Content that would be harmful to anyone or to the use of the Service or consistent with any of the activities listed below (“Prohibited Activities”) which may subject you to termination of the account as well as criminal and/or civil liability:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of another's privacy
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights
- Contains software viruses or any other computer code designed to interfere with the Service
- Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity
4.3 Monitoring/Corrective Action
UMH has the right, but not the obligation, to become involved in any way or to monitor disputes between you and any other users of the Service in accordance with applicable laws and regulations. In the event UMH becomes aware of a violation, we may, among other actions, modify or remove User Content; send you a warning; suspend your account, username, and password; block access to the Service or terminate your account.
4.4 Copyright Infringement
Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us/our Copyright Agent with the information set forth below constituting notice (“Notice”) pursuant to 17 U.S.C. Section 512(c)(3) of the Digital Millennium Copyright Act (DCMA).
We advise you that in order to be effective, the Notice must include ALL of the following:
(i) description of the copyrighted work (or lists of such copyrighted works if more than one ) that you claim has been infringed; (ii) description of location of allegedly infringing material on the Service; (iii) sufficiently reasonable information to contact party making infringement claim including address, telephone number, and email address and all other pertinent information to allow us to contact you; (iv) statement by you or the party making the claim that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) statement by you or the party marking the claim, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon; and (vi) physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
Counter Notice
If you believe that your copyrighted material or the content you uploaded, posted, or submitted to the Service, was improperly removed or disabled by us, please provide us/our Copyright Agent with the following information constituting counter notice (“Counter Notice”) pursuant to DCMA 17 U.S.C. § 512(c)(3):
We advise you that in order to be effective, the Counter Notice must include ALL of the following:
(i) description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address and telephone number; (iv) statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located; (v) statement that you will accept service of process from the person who provided notification of the alleged infringement; (vi) your physical or electronic signature.
Notices of claimed copyright infringement should be directed to:
By mail:
Address: 12928 S.W. 132nd Court Miami, Florida 33186
Attention: Copyright Agent
You can also reach us at: +1 786-322-6976
By email: copyrightagent@unlockmyheart.com
5. Intellectual Property Rights
UMH and its licensors own all right, title, and interest in and to the Service, including all associated intellectual property and proprietary rights. UMH is not hereby conveying any right, title or interest therein or thereto. You may not copy, modify, create derivative works, reverse engineer, decompile, or attempt to extract the source code of the Service.
We may include references on the Service to other parties’ trademarks for identification purposes only. This does not mean that such parties approve of the Service or any of its content. In addition, these Terms do not grant you any right to use such parties’ trademarks.
6. Software Licenses
UMH grants you a limited, revocable, and non-transferable license to use the App on devices you own or have a legal right to use in accordance with these Terms and any additional terms specific to the particular application. You have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by UMH, and any attempt at such sublicense, assignment or transfer will be null and void. You may make one copy of such Software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
7. Privacy
Your privacy is important to us. Please review our Privacy Policy [link to privacy policy] to understand how we collect, use, and disclose information about you. This includes detailed processes for data portability requests, as well as our compliance with the Electronic Communications Privacy Act (ECPA).
8. No International Use
The Service is controlled and operated from the United States and is not intended to subject UMH to any non-U.S. jurisdiction or law. The Service is not intended to be available outside of the United States. If you are able to access the Service outside of the United States, we ask that you cease use of the Service immediately. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so.
9. Third Party Links and Services
Our Service may contain links to third-party websites, resources, tools or services that are not owned, controlled or endorsed by UMH. We have no control over, and assume no responsibility for, the content, privacy policies, or practices (including but not limited to security) of any third-party websites, resources, tools or services. We strongly advise you to review the privacy policies of any third-party websites or services you visit through our Service.
10. Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Service, such as sidebar advertisements or banner advertisements. Our relationship with such advertisers is limited to providing space on the Service to place the advertisements.
11. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. UMH’s termination of the Service shall not affect any rights or remedies to which it may be entitled, at law or in equity.
12. Disclaimers
In addition to the disclaimers set forth in the Disclaimer section of the Service [link], THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UMH DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UMH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF UMH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER DAMAGES.
14. Indemnification
You agree to defend, indemnify and hold UMH harmless from and against any and all claims, actions, demands, proceedings or suits, as well as any and all losses, damages, liabilities, and costs and expenses (including legal fees) arising out of or relating to your use of the Service, User Content; and/or violation of these Terms.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You are responsible for complying with local laws, if and to the extent local laws are applicable. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Miami Dade County, Florida, and you waive any claim or defense that any such court is an inconvenient or improper forum.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Effective Date" at the top. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. We will also notify users of any changes in the Privacy Policy according to the procedures outlined in that policy.
17. California Residents/Users
If you reside in California, California Civil Code Section 1789.3 entitles you to resolve any complaints regarding the Service, not satisfactorily resolved by us, by contacting: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online at https://www.dca.ca.gov/webapps/gencomplaint.php.
18.Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
19. Waiver
A waiver of any breach or default under these Terms will not constitute a waiver of any other subsequent breach or default.
20. Assignment
You may not assign these Terms, in whole or in part, without UMH’s express written consent.
21. Survival.
Sections 12, 13, 14,15, 16, 18, 19, and 18 of these Terms and any other provision that, by its nature or express terms, is intended to survive the expiration or earlier termination of the Service or your account, shall survive the expiration or earlier termination of this Agreement.
22. Accessibility
UMH is committed to making our Service accessible to everyone, including people with disabilities. If you require these Terms or the Privacy Policy in an alternative format, please contact us at legal@unlockmyheart.com.
23. Electronic Notice
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
24. Entire Agreement
These Terms constitute the entire agreement between you and UMH regarding the Service and supersede all prior agreements and understandings, whether written or oral.
25. Contact Information
If you have any questions about these Terms, please contact us at:
Unlock My Heart Legal Team
Email: legal@unlockmyheart.com
Address: 12928 S.W. 132nd Court Miami, Florida 33186
Telephone: +1 786-322-6976
By using the Service, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.