Terms & Conditions

At Game of Hearts, our utmost priority is to create an enjoyable and secure dating experience, and we genuinely stand by it. When you connect with someone who catches your interest, we offer a diverse array of activity options. Through our carefully designed, step-by-step dating activities, our members will gain valuable insights about their potential matches. These activities are tailored to ensure that each individual discovers shared interests and learns a great deal about their compatibility. Should they choose to take things to the next level, these shared interests can serve as a solid foundation for their journey together.

Before embarking on this exciting dating adventure, it's essential to be aware of our terms and conditions and privacy policy. At Game of Hearts, we believe in transparency and want you to feel confident and informed about how we handle your personal data and interactions on our platform.

Our terms and conditions outline the rules and guidelines that govern your use of our services. They cover important aspects such as eligibility, user conduct, content submission, and the termination of accounts. By agreeing to these terms, you ensure a respectful and enjoyable environment for all members.

Equally vital is our privacy policy, which details how we collect, store, and protect your personal information. Rest assured that we take your privacy seriously and implement robust security measures to safeguard your data. We are committed to maintaining the confidentiality of your information and will never share it without your consent.

By joining Game of Hearts, you signify your understanding and acceptance of these terms and policies, promoting a safe and delightful journey through the world of dating. We encourage you to read through them thoroughly to make the most of your experience and make meaningful connections with others who share your interests and passions. Let's embark on this wonderful journey together!

Parties to Agreement and Important Notices.

This Terms and Conditions and Privacy Policy (collectively, this “Agreement”) governs the use of our mobile dating application, our website, and all affiliated content (collectively, “Services”). This Agreement is between You (hereinafter, "You", "Your", "User") and Game of Hearts™, which is owned and operated by [Insert Entity Name] (hereinafter, “We” and “Our” and “Game of Hearts”). By accessing and using Our Services, You agree to this Agreement as it may be amended from time-to-time. Please read this Agreement carefully and keep a copy for Your reference.

In the spirit of fostering a harmonious community, we kindly request that if You do not find yourself in agreement with any of the terms and conditions outlined in this Agreement, We recommend refraining from using Our Services. Your well-being and comfort are of paramount importance to us, and We want You to feel entirely at ease while engaging with Game of Hearts. Should you have any questions or concerns about our terms, We encourage you to reach out to us, and we'll be more than happy to assist you in any way we can.

Game of hearts maintains a zero tolerance policy for objectionable content and/or abusive users on its platforms and/or services. please read Section 13.0. of this Agreement titled 'ZERO TOLERANCE POLICY; Prohibited UseR CONTENT AND PROHIBITED USE OF SERVICES for more information. if You intend to exploit or abuse our services in violation of THIS AGREEMENT, then we kindly asks You to refrain from creating an account with or using our services; OTHERWISE, You are knowingly violating this agreement which may subject You to enforcement action and/or legal action at our sole discretion.

Purpose and Overview.

In a world filled with countless online dating sites promising to find the perfect match, many of us have experienced disappointment and fruitless endeavors. Traditional dating apps often lead to impatient swiping, superficial interactions, and misguided emotional attachments without truly knowing the other person's intentions. The allure of virtual connections can cloud our judgment, leading us astray from our true desires and intentions. Regrettably, such experiences can sometimes result in disappointment, fraud, and even emotional trauma due to false expectations and dishonest individuals.

At Game of Hearts, we believe that online dating should be an enjoyable and safe experience for everyone, regardless of the outcome. Our platform is designed to revolutionize the dating experience by providing a better way for people to interact online. We strive to create an environment where members can connect authentically and discover potential love connections with genuine intentions. We offer a range of unique and innovative Services to create a safe, enjoyable, and authentic online dating experience. Our platform is designed to revolutionize the way people interact, fostering meaningful connections while prioritizing transparency and safety. Here are some of the standout features that set Game of Hearts apart:

• Showcase: Each member has a showcase page to manage, where they can share stories, jokes, and experiences about relationships and dating. Visitors can view these accounts, and users can invite others to see their showcase.
• Photo Gallery: Users have a private photo gallery that can be accessed through request or invitation, ensuring privacy and control over photo sharing.
• Club of Hearts (Newsfeed): The Club of Hearts offers an engaging space for users to post and interact with each other, promoting active and authentic user engagement.
• Quick Notes: Quick Notes serve as the initial invitation to connect with someone, allowing users to express interest and initiate conversations.
• Q&A Session: A five-level questionnaire and commonality tests enable users to explore potential matches while protecting their privacy.
• Telecom: Our communication system, Telecom, utilizes video, audio, and chat functions to verify the authenticity of users and enhance safety measures.
• Pass: GOH Subscribers can send a pass-invitation to anyone, regardless of membership status, to a Telecom meeting.
• Dating Game: One of our main features, the GOH Dating Game, enhances first meetings with fun activities and games while promoting safety through a three-way security feature.
• History: Users can gracefully end connections at any stage through the History option, fostering a friendly and respectful environment.
• Chance: Taking a Chance allows users to keep the connection going and explore further stages with their potential CandiDATE.

At Game of Hearts, we believe in providing a holistic and secure dating platform that empowers users to make genuine connections while prioritizing safety, respect, and enjoyment throughout the dating journey.

Privacy Policy

Your use of Our Services is subject to Our Privacy Policy. Please review Our Privacy Policy, accessible at www.gameofhearts.com/privacy-policy , which also governs Our Services and informs Users of Our data collection practices.

ADA Website Compliance

Although there are no specific guidelines for us to make Our website and application ADA compliant, Our goal is to accommodate You to the best Our abilities. Therefore, We have adopted and conformed Our website to the Web Content Accessibility Guidelines 2.0, the guidelines of which are accessible at https://www.w3.org/WAI/GL/WCAG20/ However, if You have any recommendations to better adapt Our website and application to Your particular disability or if You need help navigating Our website, then please contact us at goh@gameofhearts.com and someone from Our team will be happy to assist You.

Electronic Communications

By creating an account with Game of Hearts, You affirmatively consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on Our site and/or application, satisfy any legal requirement that such communications be in writing.

App Stores

You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom You received the application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this Agreement is between You and Game of Hearts and not with the App Store. Game of Hearts, not the App Store, is solely responsible for its Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use Our Services, You must have access to a wireless network, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services. You agree to comply with, and Your license to use our Services is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.

Term

This Agreement shall commence as of the date You accept it (in accordance with the preamble) and remain in full force and effect while You use the Services, unless terminated earlier in accordance with the terms herein. You may terminate Your use of or registration for the Services at any time by closing Your User Account (as defined below) and notifying us of Your intent to terminate. Game of Hearts may terminate Your use of or registration for the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to You or any third party, including in the event You have breached this Agreement, or if We are required to by applicable law.

Creating Your Account

By creating an account with Game of Hearts, You affirmatively consent that if You use Our Services, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.

To access and use the Services, We may require that You register for an account (“User Account”), create a unique username and password combination (“User Credentials”), and provide certain additional information, as prompted by Our user registration process. You represent and warrant that all registration and account information You submit is truthful and accurate and that You shall maintain and promptly update the accuracy of such information. You may only have one User Account and are responsible for maintaining the strict confidentiality of Your User Credentials. You are responsible for any access to, or use of, the Services by You or any person or entity using Your User Credentials or the device You use to access and use the Services (a “Device”), whether or not such access or use has been authorized by You or on Your behalf, and whether or not such person or entity is Your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that You do not share Your User Credentials with anyone. You agree to immediately notify Game of Hearts of any unauthorized use of Your User Credentials, User Account and/or Device, or any other breach of security, including, without limitation, if Your Device is lost or stolen. It is Your responsibility to (a) control the dissemination and use of Your User Credentials, User Account, and Device; (b) update, maintain, and control access to Your User Credentials, User Account, and Device; and (c) cancel Your User Account. We reserve the right to deny access, use, and registration privileges to anyone if Se believe there is a question about the identity of the person trying to access any account or element of the Services. Game of Hearts shall not be responsible for any loss or damage arising from Your failure to comply with this Section. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Game of Hearts is not responsible for third party access to Your account that results from theft or misappropriation of Your account. Game of Hearts and its associates or affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in their sole discretion.

• Age Restriction: You must be at least 18 years of age or older to access or use Our Services and App and create an account. By accessing or using Our Services, You represent and warrant that You are at least 18 years of age. We reserve the right to immediately terminate Your account and block Your access to Our Services if We become aware or suspect that You are under 18 years of age. The consent of a parent or guardian does not obviate the need to comply with this requirement.
• Grant of License: Subject to Your compliance with this Agreement, by creating an account with Game of Hearts, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Services on a single device that You own or control and to run Our applications solely for Your own personal purposes. Furthermore, with respect to any application accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), You will only use the Apple App Store Sourced Application (i) on an Apple-branded product that runs Apple’s proprietary operating system, and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

Fee-Based Services; Premium Subscription

In order to access certain features or functionality of the Services (including the ability to access certain content), You may be required to pay Premium membership fees. Premium membership fees, along with any required taxes, may be paid on a monthly or annual basis. All Premium membership fees are payable in advance. You agree to pay the membership fees, and other charges You incur in connection with Your User Account, whether on a one-time or subscription basis. Game of Hearts reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

• Other Fee-Based Services: The Services include the ability to make certain other fee-based transactions, which may include, without limitation, the ability to purchase goods and services (“Fee-Based Services”). In some cases, You may be required to make one payment to Game of Hearts (for example, an annual subscription) and one or more subsequent payments to a third-party merchant or service provider to complete the transaction. Additional Terms may apply to Your use of, access to and purchase of Fee-Based Services and will be presented to You at the time of purchase. Additional Terms may include terms and conditions between You and Game of Hearts or terms and conditions from third party merchants or service providers who provide the Fee-Based Services. Such Additional Terms are incorporated herein by reference. Unless otherwise stated in the Additional Terms and Conditions for particular Fee-Based Services, the following terms and conditions shall apply to all Fee-Based Services:
• Payment Method and Terms: For all purchases, You will be charged at confirmation of purchase. In addition, for auto-renewing subscriptions, You will be charged within 24 hours prior to the end of the current period. The Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of Your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, You will be unable to use that card for Your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, We may obtain a preapproval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once You click the “Submit” or similar button/link and billing to Your payment card occurs at such time or shortly thereafter. If payment is not received by us from Your credit, debit or charge card issuer or its agents or other payment service provider, You agree to promptly pay all amounts due upon demand by us. Game of Hearts reserves the right to change any and all prices for any Services and other Content at any time, for any reason.
• General Subscription Authorization: By subscribing, You authorize Game of Hearts, including any payment processors, to charge You for the initial, and any renewal subscriptions. If We do not receive payment from You or from a payment processor, (i) You agree to pay all amounts due on Your User Account upon demand, and/or (ii) You agree that We may either terminate or suspend Your subscription and continue to attempt to charge You or a payment processor on Your behalf until payment is received (upon receipt of payment, Your User Account will be activated and for purposes of automatic renewal, Your new subscription commitment period will begin as of the day payment was received) and (iii) You agree to be bound by the terms of service and privacy policy of any and all third-party payment processors used to access Our Services.
• Auto Renewal: For all purchases, You will be charged at confirmation of purchase. In addition, for auto-renewing subscriptions, You will be charged within 24 hours prior to the end of the current period. The Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of Your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, You will be unable to use that card for Your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, We may obtain a preapproval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once You click the “Submit” or similar button/link and billing to Your payment card occurs at such time or shortly thereafter. If payment is not received by us from Your credit, debit or charge card issuer or its agents or other payment service provider, You agree to promptly pay all amounts due upon demand by us. Game of Hearts reserves the right to change any and all prices for any Services and other Content at any time, for any reason.
• Cancellation of Monthly Subscription: If You cancel Your subscription with at least 7 days remaining in the then-current month of Your term, then Your subscription will not renew for another term. You may continue to use Your subscription until the end of Your then-current month. If You cancel Your subscription with less than 7 days remaining in the then-current month of Your term, then Your subscription will renew for another term. You may continue to use Your subscription until the end of the next month, which will conclude Your monthly subscription. You will not be automatically charged for another term following the end of the next month after Your then-current month.
• Cancellation of Annual Subscription: You have the right to cancel Your subscription at any time. However, all cancellations require at least seven days’ notice of Your intent to cancel Your annual subscription. If You cancel Your subscription with at least 7 days remaining in the current month of Your current term, then You may be eligible for a prorated refund. You may continue to use Your subscription until the end of Your then-current month of Your term. All remaining unused portions of Your term may be eligible for a prorated refund. If You do not cancel Your subscription at least 7 days prior to the next month of Your term, then You will not be eligible for a prorated refund including the next month after the then-current month of Your term. You will be charged for each month for which You did not properly provided at least 7 days’ notice of Your intent to cancel Your subscription. You may continue to use Your subscription until the end of the next month after Your then-current month of Your term. All remaining unused portions of Your term may be eligible for a prorated refund. Should the cancelation of Your subscription be eligible for a prorated refund, You will be required to pay all transaction and processing fees to execute such refund which will be deducted from the remaining balance of the unused portions of Your subscription.
• Taxes: You are responsible for any taxes imposed on any subscription or Fee-Based Services’ transactions conducted on or in connection with the Services and applicable taxes will be added to the amount charged for the applicable transaction. Subscription and Fee-Based Services’ transactions in connection with the Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, without limitation, the billing address and tax rates in effect at the time Your transaction is completed. No customers or users are eligible for tax exemptions for transactions made in connection with the Services.
• Additional Terms and Conditions: Game of Hearts may revise any or all of the fees and prices associated with the Services at any time for any or no reason. Further, We do not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products or services on or in connection with the subscription and Fee-Based Services do not imply Game of Hearts’ or any of its affiliates’ endorsement of such products or services. Moreover, Game of Hearts and Our third-party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if We terminate Your use of or registration to the Services because You have breached this Agreement, You shall not be entitled to a refund of any unused portion of any fees, payments, or other consideration.

Telecom

Every connection will meet at Telecom and there is no way to avoid the meeting at Telecom. This is the Game of Hearts communication system. Through Telecom, Game of Hearts provides users with a video, audio, and text-based conversational chat system to communicate with their matches. Our goal is to provide users with a safe dating environment and an opportunity to identify whether the person or the owner of the account is real, to avoid catfishing and scams, prior to meeting in real life. You acknowledge and agree that Game of Hearts does not control and is not responsible for the behavior of the users which You match with and ultimately communicate with through Our Services. By using Our Services, matchmaking, communicating online with matches through Telecom, and/or meeting up with users You meet through our Services in real life, You are doing so AT YOUR OWN RISK AND YOU EXPRESSLY ASSUME THE INHERENT RISK IN COMMUNICATING WITH STRANGERS ONLINE AND MEETING STRANGERS IN PERSON. Our Services are specifically designed to help You mitigate the risks and dangers of online dating, but Our control of user behavior only extends as far as our Services. Game of Hearts expressly disclaims all liability for any damages or losses arising out of or in any way related to Your use of the Services, including but not limited to any liability related to matchmaking and engaging in communication with other uses. We do not force users to engage in any conversations in Telecom. Users are free to join or leave Telecom at any time and are under no obligation to communicate with other users within Telecom. Telecom is merely a platform to allow users to verify and authenticate their matches.

• Assumption of Risk: By using Our Services, You acknowledge and agree that there are inherent risks involved in online communication and interaction. You assume all risks associated with the use of Our Service, including but not limited to the risks of online communication with other users, and any reliance upon any information, material or advice obtained through Our Services. You agree that We are not responsible for any harm or damage that may arise from Your use of Our Services, including but not limited to harm or damage caused by other users of Our Services. You agree to use Our Services at Your own risk and acknowledge that We is not responsible for any injury, harm, damage, or loss that may result from Your use of Our Services, including any online communication or interaction with other users. By using the Services provided by Game of Hearts, you acknowledge and agree to assume all risks associated with your interactions and activities on the platform. We expressly disclaim all liability for any damages or losses arising out of or in any way related to Your use of the Services. This includes, but is not limited to, any liability related to the accuracy or completeness of user-provided content. The platform cannot guarantee the accuracy of content shared by users, and any reliance on such content is at Your own risk. Additionally, Game of Hearts will not be held responsible for the actions, behaviors, or communications of other users on the platform. While we implement robust security measures, We cannot be held liable for any unauthorized access, hacking, or security breaches that may compromise your personal information. Furthermore, any links to third-party websites or content found on the platform do not imply endorsement, and We assume no responsibility for the accuracy, legality, or safety of such external sources. We strive to maintain uninterrupted service, but we will not be held liable for any disruptions, technical issues, or temporary unavailability of the platform. Users are responsible for their actions and interactions on the platform, and We are not liable for any consequences that may arise from user conduct. Additionally, while We make efforts to moderate and remove objectionable content, we cannot be held responsible for all user-generated content and may not be liable for any such content that may be offensive or inappropriate.
• Voluntary Disclosure of Personal Information: Please be aware that if You directly disclose personally identifiable information or personally sensitive data by communicating with others on Our platform and through our Services, this information may be accessible by others and be collected and used by others. We are not responsible for any personal information You choose to disclose to others. We encourage You to be cautious when disclosing personal information in Telecom or any other area of Our Services. We recommend that You do not share any personally identifiable information, such as Your full name, address, phone number, or email address with others. If You choose to disclose such information, You do so at Your own risk. Please see Our Privacy Policy for more information on data and usage.
• Real Time Monitoring: Game of Hearts cannot monitor all live communications in real-time, and therefore does not guarantee the accuracy, integrity, or quality of any content or messages exchanged in said communications with others. You acknowledge that You may be exposed to content that You find offensive, indecent, or objectionable, and use the chat rooms at Your own risk. We are not responsible for any harm or damages that may arise from Your use of the Our Services, and You agree to release Game of Hearts from any liability for such harm or damages.

No Unlawful or Prohibited Use of Our Services: Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Our Services strictly in accordance with this Agreement. As a condition of Your use of Our Services, You warrant to Game of Hearts that You will not use the Our Services for any purpose that is unlawful under the laws of Your jurisdiction or prohibited by this Agreement. You may not use the Our Services in any manner which could damage, disable, overburden, or impair Our Services or interfere with any other user’s use and enjoyment of Our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Our Services. You may not provide false information when signing up for Our Services and You may not use Our Services in any way which invades others’ privacy including recording private interactions without the consent of all parties required under any applicable laws.

• Ownership of Intellectual Property: All content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on, by, or through Our Services, is the property of Game of Hearts, and is strictly protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
• Acknowledgement of Validity: You acknowledge that all intellectual property is associated with the goodwill of Game of Hearts and that any breach of this Agreement associated with the misappropriation or misuse of its intellectual property will cause irreparable harm to Game of Hearts. You agree not to challenge the validity of any of Game of Hearts' intellectual property rights. You acknowledge that all intellectual property rights owned by Game of Hearts will remain the exclusive property of Game of Hearts and its intellectual property cannot be used or otherwise displayed without the prior written consent of Game of Hearts. This Section shall survive termination of this Agreement.
• No Commercial Use or Unauthorized Use: You will not attempt to/or modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on our Services. Such content is not for resale. Your use of Our Services does not entitle You to make any unauthorized use of any protected content, and in particular, You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use and will make no other use of the content without the express written permission of Game of Hearts and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. Game of Hearts does not grant You any licenses, express or implied, to the intellectual property of Game of Hearts or their licensors except as expressly authorized by this Agreement.
• Copyright Infringement and Potential DMCA Violations: Game of Hearts values the copyright and other rights of all persons and legal entities. If You believe that any User Content (defined below) on Our Services, by any user, violates Your intellectual property rights, please notify Game of Hearts’ copyright agent. For Your complaint to be valid under the Digital Millennium Copyright Act (“DMCA”), You must provide the following information and verification:
  • The electronic or physical signature of a natural person who is responsible for the complaint and is acting on behalf of the copyright owner;
  • An identification of the Copyrighted Work that You content has been infringed;
  • Identification of the allegedly infringing material including the name of the User who uploaded the allegedly infringing material, and the title of the upload, and the date and time uploaded;
  • Information reasonably sufficient for Game of Hearts to contact You to discuss Your complaint, including a telephone number, physical address, and email address;
  • A statement that You have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, any authorized agent, or applicable copyright law, including without limitation the “fair use” doctrine; and
  • A statement under penalty of perjury that the above information is accurate and that You are the copyright owner or someone authorized to act on their behalf.
• Notification of Claimed Infringement: Written notification of claimed infringement must be submitted to the following address: goh@gameofhearts.com, with the subject line “DMCA Violation”. Game of Hearts may share the Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you hereby consent to Game of Hearts making such disclosure.
• Misrepresentation: UNDER FEDERAL LAW YOU MAY BE LIABLE FOR KNOWINGLY MISREPRESENTING THAT ONLINE MATERIAL IS INFRINGING, WHICH LIABILITY INCLUDES POTENTIAL CRIMINAL CHARGES FOR PERJURY AS WELL AS CIVIL PENALTIES AND ATTORNEYS’ FEES. MISUSE OF THIS FEATURE MAY RESULT IN TERMINATION OF YOUR ACCOUNT.
• Counter-Notification Response to DMCA Complaint: If You believe that any material You posted as a User has been wrongfully removed from Our Services, You may provide a written counter-notification under the DMCA which must include the following information:
  • Your name, address, telephone number, and email address, if any;
  • A description of the material removed and the location on Our Services or the title of the posting(s), and the time and date it was uploaded;
  • A statement under penalty of perjury that You have a good faith belief that the material which was removed or disabled was removed or disabled as a result of a mistake or misidentification;
  • A statement that You consent to the jurisdiction of the Federal District Court in which Game of Hearts is located, or in which You are located, or if You are located outside the United States, in any jurisdiction for which You may be legally served with process, and that You will accept service of process by the person making the original complaint or an agent of that person or entity; and
  • Your electronic or physical signature.
• Liability; Damages: The Copyright Act provides that any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Game of Hearts relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Game of Hearts reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
• User Content; License Grant; Usage: Our Services may provide You and other users with an opportunity to participate in feeds, forums, communities and other message, comment and communication features and functionalities and may provide You with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages, user information, and other information via the website and application which may allow You to post, upload, publish, submit, or transmit content (collectively, "User Content"). The term “User Content” also includes all of the information You submit, or We may receive that is related to Your User Content. When You submit User Content You may also be asked to provide information about You and Your submission. This may include, without limitation, such things as Your User Credentials, a descriptive title, information about the User Content, Your location and/or similar information. You further acknowledge and agree that all User Content made by means of or in connection with any portion of the Services are public and that (a) You have no expectation of privacy in any User Content, and (b) no confidential, fiduciary, contractually implied or other relationship is created between You and Game of Hearts by reason of Your transmitting a User Posting to any area of, or in connection with, the Services.
• Responsibility for User Content: You understand, acknowledge, and agree that all User Content is the sole responsibility of the person from which such User Content originated. You are solely responsible for Your User Content and the consequences of posting or publishing it. User Content does not reflect the views of Game of Hearts, its affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, or agents. You understand that by using the Services, You may be exposed to other user’s User Postings that could be offensive, indecent, or objectionable and, as such, Game of Hearts does not guarantee the accuracy, integrity, quality, or content of any User Content. Under no circumstances shall Game of Hearts be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted, or otherwise made available. By posting or publishing or otherwise making available User Content, You represent and warrant that You own or have the necessary rights, licenses, consents, and permissions to use and authorize Game of Hearts to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement.
• License Grant to Game of Hearts: When You provide User Content to Game of Hearts through its Services, by posting, uploading, streaming, sending, or otherwise making available on the website or application, publicly or to another user, You grant Game of Hearts a non-exclusive, universal, worldwide, royalty-free, sublicensable, transferable right and license to use, copy, 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), and create derivative works of, such User Content, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Our business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity. The rights You grant in this license are for the limited purposes of allowing Game of Hearts to operate its Services in accordance with their functionality, improve and promote the Services, and develop new features. The reference in this license to "creat[ing] derivative works" is not intended to give Game of Hearts a right to make substantive editorial changes or derivations, but does, for example, enable commenting or reposting by other Users to redistribute User Content from one User Account to another in a manner that allows them to add their own text or other User Content before or after Your User Content.
• Retention of Intellectual Property Rights in User Content: You retain ownership of any intellectual property rights that You hold in Your User Content.
• Prohibited User Content/Conduct: You agree not to post, upload, publish, submit, or transmit any User Content that: (a) is illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable; (b) promotes or glorifies violence, terrorism, or any illegal activity; (c) violates any person's privacy or publicity rights; (d) infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (e) contains software viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) impersonates any person or entity, including any employee or representative of Ours; or (g) breaches any applicable law, regulation, or rule. Prohibited User Content, User Conduct, and Use of Services is further defined elsewhere in this Agreement.
• Monitoring User Content: We do not actively monitor User Content posted to the website or application, but We reserve the right to remove any User Content that violates this Agreement, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, in Our sole discretion and without notice.

Zero Tolerance Policy

Prohibited User Content and Prohibited Use of Services. Game of Hearts maintains a zero-tolerance policy for any User postings, behavior, or actions that convey violence, harassment, and other behavior that discourage other Users from engaging with Our Services. By creating an account with Game of Hearts, You expressly agree to abide by these terms of use and subject Your content, profile, and postings to Game of Hearts’ enforcement action for violating this Agreement. By using Our platform, You agree to abide by this policy and understand that any violation of this policy may result in the removal of Your content and/or termination of Your account. Game of Hearts reserves the right to remove any content that violates this policy and to take appropriate action against users who violate this policy, including termination of their account.

For clarification or preapproval of any content postings, please email Game of Hearts at goh@gameofhearts.com with the subject line "User Content".
Therefore, You expressly agree to refrain from the following behavior so that other Users of Game of Hearts may freely engage in the use and enjoyment of Our Services:

• Sensitive Media, including Graphic Violence and Adult Content: You may not post any media content that contains graphic violence that is not for journalistic, documentary, or educational purposes, nor can You post any adult content that is pornographic in nature or intended to arouse other Users unless the adult content is journalistic, documentary, artistic, medical, health, or educational purposes. Furthermore, under no circumstances may You post any content that depicts violence, whether real or simulated, in association with sexual acts; any content that depicts excessively graphic or gruesome content related to death, violence or severe bodily harm, or sadistic purposes; and any content that contains hateful imagery, such as a logo, symbol, or image, with the intent to promote violence and hostility to other Users or people based on race, religion, disability, national origin, gender, or sexual orientation.
• Violence/Abuse/Harassment: You may not engage in any targeted harassment of another User(s) or threaten violence against another User, person, or group of people, nor can You incite another person to do so. Furthermore, You may not encourage, promote, or glorify any acts of violence, such as those that express a will or intent to inflict death or great bodily harm to another. This section further prohibits You from posting content that threatens or promotes terrorism or violent extremism, or promotes or supports groups and organizations that are known to have a record of extreme violence and/or systematic hatred and violence towards particular persons.
• Child Sexual Exploitation: Game of Hearts has zero tolerance for any postings that depict or promote child sexual exploitation.
• Hateful Conduct: You may not promote violence against or directly attack or threaten other people or Users on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories. You may not use hateful images or symbols in Your profile image or profile header. You also may not use Your username, display name, or profile bio to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category.
• Suicide or Self-Harm: You may not promote or encourage suicide or self-harm.
• Violence/Abuse/Harassment: You may not engage in any targeted harassment of another User(s) or threaten violence against another User, person, or group of people, nor can You incite another person to do so. Furthermore, You may not encourage, promote, or glorify any acts of violence, such as those that express a will or intent to inflict death or great bodily harm to another. This section further prohibits You from posting content that threatens or promotes terrorism or violent extremism, or promotes or supports groups and organizations that are known to have a record of extreme violence and/or systematic hatred and violence towards particular persons.
• Illegal or Certain Regulated Goods or Services: You may not post any content that depicts illegal goods or services including counterfeit goods and services; drugs and controlled substances; human trafficking; sexual services; stolen goods; weapons; and products made from endangered species; unless such posting is for journalistic, documentary, or educational purposes.
• Animal Cruelty: Game of Hearts has a zero-tolerance policy for any content or posts that promote, encourage, or depict animal cruelty. This includes any actions that cause unnecessary pain, injury, or suffering to animals, including but not limited to physical abuse, neglect, and abandonment.
• No Solicitation, Scamming, or Fraudulent Activity: Users of Game of Hearts are strictly prohibited from engaging in any form of solicitation, scamming, or fraudulent activity. This includes, but is not limited to, attempting to obtain personal or financial information from other Users under false pretenses, promoting pyramid schemes, deceptive marketing practices, or any other illegal or unethical conduct with the intent to deceive or exploit other Users.
• No Catfishing: Game of Hearts maintains a zero-tolerance policy for catfishing, which involves creating a false identity or using misleading information with the intent to deceive other Users. Users must use accurate and truthful information in their profiles, including photos and personal details, to foster genuine connections and interactions on the platform.
• No Artificial Intelligence for Automated Chatting and/or Deepfaking Video and/or Audio While Messaging Other Users and Using Our Services: The use of artificial intelligence or automated systems to engage in conversations or create deepfakes of video and/or audio with other Users is strictly prohibited on Game of Hearts. We prioritize authentic interactions and genuine connections between Users, and the use of AI or deepfake technology to deceive or mislead other Users is not allowed.

Other Prohibited User Conduct

You are solely responsible for Your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant, and agree that, while using the Services, You shall not:

• No Violation of Law. Intentionally or unintentionally engage in or encourage conduct that would violate any applicable law or rule, give rise to civil liability, or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of Ours or of any other person or entity;
• No Transmission of Harmful Content. Submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that: (i) is, illegal, harmful, threatening, defamatory, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, contains explicit or graphic imagery or descriptions of excessive violence or sexual acts, links to adult content, or promotes discrimination, hatred, or harm of any kind against any group or individual; (ii) makes available private information, or creates a security or privacy risk for any other person or entity; (iii) contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy, or limit the functionality of any property; or (iv) is false, incorrect, misleading, or fraudulent information, including, without limitation, as it pertains to any doll-related conduct, activities, achievements, initiatives, promotions, and/or opportunities;
• No Adverse Actions. Intentionally or unintentionally engage in or encourage conduct that adversely affects Game of Hearts, Our affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, operators or service providers, the Services, or causes duress, distress, or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
• No Commercial Use. Without Our written agreement, using Our Services for commercial purposes, whether compensated or not is strictly prohibited.
• No Disruption. Modify, disrupt, impair, alter, or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
• No Impersonation. Impersonate any person or entity, including, without limitation, a government official, or falsely state or otherwise represent Your affiliation with a person, entity, or Game of Hearts, or transmit or otherwise make available on, through or in connection with the Services false or misleading indications of origin, information, or statements of fact;
• No Forgery. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services, including User Postings (as defined herein)
• No Solicitation of Personal Information. Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of users or other information;
• No Reverse Engineering Our Services. Modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist, or authorize any other person to do so;
• No Use in Unauthorized Country. Use the Services in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or
• No Unauthorized Use. Use the services if You are on any U.S. Government list of prohibited or restricted parties.

Enforcement of Prohibited Uses and User Conduct

Game of Hearts provides a variety of services to connect individuals with common interests. Users can utilize text-based conversational, live chat rooms, and other features to communicate with each other. In future updates, We may offer Our users the ability to share additional content besides text, in its sole discretion, such as audio, webinars, downloads, applications, articles, photographs, and their arrangement, which may be publicly or privately accessible through Our Services. However, the terms of this Agreement may limit the use of such content. We are committed to providing a safe and positive community for all Our users to share and connect based on common interests and matchmaking preferences.

Therefore, to protect Game of Hearts and its users, We may take enforcement action, in Our sole discretion, against a user for any objectionable behavior or actions under this Section. Such enforcement action may include, but is not limited to:

• Labeling a post that may contain disputed or misleading information;
• Limiting post visibility to other Users;
• Removing a post in its entirety;
• Temporarily hiding a post from public visibility while Game of Hearts reviews its content for a violation of this Agreement;
• Requiring media or profile edits;
• Placing an account on read-only mode, of which the User may not post content which is available to public view;
• Require verification of account ownership;
• Require verification of account geolocation with regards to a post; and/or
• Permanently suspend an account.
• Factors to Determine Enforcement Action. Although We may in Our sole discretion take any enforcement action that it deems necessary and proper in carrying out the terms of this Agreement, We may consider numerous factors in determining the severity of enforcement actions including, but not limited to:
  • The behavior is directed at an individual, group, or protected category of people;
  • The report has been filed by the target of the abuse or a bystander;
  • The User has a history of violating Our policies;
  • The severity of the violation; and
  • The content may be a topic of legitimate public interest.
• Disputing an Enforcement Action. Any User may dispute an enforcement action taken by Game of Hearts by emailing Game of Hearts at goh@gameofhearts.com having the subject of the email as "Dispute – Zero Tolerance" and the body of the email containing a brief description of the reasons why We should not take enforcement action or reduce the severity of the enforcement action. We may take any dispute into consideration at Our sole discretion.

Children Under Thirteen

Our Services are NOT intended for children under 13 years of age. Game of Hearts does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If We learn that we have collected or received personal information from a child under 13 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 13, please contact us at [Insert support email address]. Our Services have age restrictions such that You must be at least 18 years old to access Our Services and/or create an account with Game of Hearts. We are not responsible for any damages or harm resulting from a user’s misrepresentation of their age. Please see Section 10.0 of the privacy policy for more information regarding the Children's Online Privacy Protection Act.

Links to Third Party Sites/Third Party Services

Our Services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Game of Hearts and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Game of Hearts may provide these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Game of Hearts of the site or any association with its operators.

• Use of Third-Party Services. Certain Services made available via Game of Hearts’ website and application may be delivered by third party sites and organizations. By using such third-party services, You acknowledge and agree that Game of Hearts is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party services. Game of Hearts does not warrant or endorse, and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, or for any other materials, products, or services of third parties. Third-party services and links to other websites or resources may be provided for Your convenience, but they are beyond the control of Game of Hearts, and We do not assume any responsibility for the content or privacy practices of such websites or resources.
• Consent to Shared Information. By creating an account with Game of Hearts, You affirmatively consent that by using any product, service or functionality originating from Our Services, and that We may share such information and data with any third party with whom Game of Hearts has a contractual relationship to provide the requested product, service or functionality on behalf of its users and customers. For more information regarding Our use of Your information, please read the Privacy Policy.
• Limitation of Liability. GAME OF HEARTS IS NOT RESPONSIBLE AND HAS NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED OR PURCHASED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD-PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD-PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD-PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. IN SOME CASES, YOU MAY BE REQUIRED TO DIRECT CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES TO THE RELEVANT THIRD-PARTY OPERATIONAL SERVICE PROVIDER.

International Users

Our Services are controlled, operated and administered by Game of Hearts from Our offices in the State of Arizona, United States of America. If You access Our Services from a location outside the USA, You are responsible for compliance with all national, state and local laws. You agree that You will not use Our content accessed through Our Services, or upload or publish content on Our websites and application, in any country or in any manner prohibited by any applicable laws, restrictions or regulations. For more information about Our compliance with international data protection, privacy, and regulation laws please visit the Privacy Policy.

Indemnification

You agree to indemnify, defend, and hold harmless Game of Hearts, its officers, directors, employees, agents, and third parties from and against any and all claims, demands, expenses, damages, costs, penalties, fines, and liabilities arising out of or relating to (a) Your use of or inability to use the Site, the App, or services, (b) Your User Content, (c) Your violation of any terms of this Agreement or Your violation of any rights of a third party, (d) Your violation of any applicable laws, rules or regulations, or (e) any other party's access and use of the Site, the App, or services with Your account information. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Game of Hearts in asserting any available defenses.

Breach of Terms of Service

In the event of a breach of this Agreement, the non-breaching party shall provide written notice to the breaching party specifying the nature of the breach. The breaching party shall have 7 calendar days to cure the breach to the satisfaction of Game of Hearts. We reserve the right to determine, in Our sole discretion, whether the breach has been cured. If the breach is not cured within the 7-day period or We determines that the breach has not been cured, We may temporarily or permanently suspend the account of the breaching party until the breach is cured.

Termination/Access Restriction

Game of Hearts reserves the right, in Our sole discretion, to terminate Your access to Our Services and the related services or any portion thereof at any time, without notice, for any reason, including but not limited to, Your breach of this Agreement.

Dispute Resolution and Arbitration

Any dispute or claim arising out of or in connection with this Agreement, including but not limited to any question regarding its existence, validity, or termination, shall be resolved through arbitration. The parties agree to resolve any disputes by binding arbitration in accordance with the rules of the American Arbitration Association, conducted by a single arbitrator. The arbitration shall take place in [Insert City and/or State] or another location agreed upon by the parties. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree to abide by all decisions and awards rendered in such proceedings. The parties agree that any such dispute or claim shall be conducted on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.

• Governing Law. This Agreement and any dispute arising from or related to this Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State], without giving effect to its conflict of laws principles.
• Jurisdiction and Venue. You hereby consent to the exclusive jurisdiction and venue of the arbitration and courts, state or federal, in the State of [Insert State] for all disputes arising out of or relating to the use of Our Services and this Agreement.
• Survival of Dispute Resolution. This arbitration provision shall survive the termination of this Agreement. If any part of this provision is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect.

Class Action Waiver

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and Game of Hearts agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH GAME OF HEARTS’ WEBSITES AND APPLICATIONS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GAME OF HEARTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR APP AT ANY TIME.

Disclaimer of Warranties

GAME OF HEARTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GAME OF HEARTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Without limiting the foregoing, We are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of Your use of the Services. You understand, acknowledge, and agree that You are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Services, including, without limitation, User Content and conduct associated with Your use of the Services.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAME OF HEARTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE APP, WITH THE DELAY OR INABILITY TO USE GAME OF HEARTS’ WEBSITE, APPLICATION, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GAME OF HEARTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GAME OF HEARTS, OUR AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL GAME OF HEARTS’ LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; OR (B) $1,000 USD.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES.

No Joint Venture or Agency Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Game of Hearts resulting from this Agreement or use of Our Services.

Compliance with Laws and Legal Process

Our performance of this agreement is subject to applicable laws and legal process, and nothing in this agreement shall be construed to limit Game of Hearts’ right to comply with any governmental, court, or law enforcement requests or requirements relating to Your use of Our Services, or information provided to or gathered by Game of Hearts with respect to such use.

Severability

If any provision of this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. The parties shall make a good faith effort to replace the invalid, illegal or unenforceable provision with a valid provision that most closely reflects the original intent of the parties, and the economic and legal objectives of the Agreement.

Modification to the Agreement

We reserves the right, in its sole discretion, without prior notice, to modify the terms of this Agreement by posting the revised Agreement on Game of Hearts’ website and/or application. Your continued use of Our Services following any such modification constitutes Your agreement to be bound by the modified Agreement. The most current version of the Terms will supersede all previous versions. We encourage You to periodically review the terms and conditions and privacy policy under this Agreement to stay informed of Our updates.

Entire Agreement

Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and Game of Hearts with respect to Our Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Game of Hearts with respect to Your use of the Services on Our website and applications.

Admissibility of Printed Version

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

English Language

It is the express wish to the parties that this agreement and all related documents be written in English.

Contact Us

We welcome Your questions or comments regarding this Agreement and statement of terms and conditions. If You have any comments, questions, or suggestions regarding this Agreement that can help Game of Hearts provide better Services to You, or if You believe that We have not adhered to this Agreement, please contact Game of Hearts at: Disputing an Enforcement Action..

Effective as of July 26, 2023.