Updated: April 4, 2011
This site is solely for users who are eighteen (18) years of age or older. Any registration, use of or access to the site by anyone under 18 is unauthorized, unlicensed and in violation of these TOU. By using the site, or service, you represent and warrant that you are 18 years of age or older and that you are capable of entering into this agreement, and that you agree to all of the terms and conditions of this agreement.
By registering on this site you agree to (a) provide true and accurate, current, and complete information about you as may be required by any registration forms on the site; (b) maintain the security of your password and identification: (c) maintain and promptly update any and all registration data as required by the Owner; (d) be fully responsible for all use of your account and for any and all actions within your account. You will also be asked to select a screen name and password which will serve to identify you as a Member and allow you access to your account. You may not (a) select or use a screen name of another person with the intent to impersonate that person; (b) use a screen name in which another person has rights without authorization from that person; or (c) use a screen name that the Owner, at its sole discretion, deems offensive. If you provide information that is untrue, inaccurate, not current or incomplete, or the Owner has reasonable grounds to suspect that you have engaged in any of these activities, we have the right to suspend or terminate your Membership, without notice, and refuse any and all current or future use of the site. Members must immediately notify the Owner of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his screen name and password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the Member.
You can choose from one of the two following Membership levels.
1. Registered Membership. Registered Membership gives you access to view and comment on content on the site that is not restricted by Group Membership (see following paragraph) or otherwise restricted. Registered Members may, at their choosing, begin a group and accept group members.
2. Group Membership. Registered Members may request membership in Groups, said membership to be approved by the group leader. The group leader determines which content posted by group members is available for non-group registered members to view. Non-registered viewers may not access group content.
All content that you post to site must comply with the TOU and any future guidelines which may be created and posted to this site from time to time. We recommend you review the TOU on a regular basis so you can be sure you are in compliance with all agreements and guidelines. You take sole responsibility for all content that you post on the site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content you place on this site, including obtaining permission from any person shown in a photo that you upload or identified in any writing that you post. You agree that you will not upload, email, transmit, or otherwise make available any content that:
• is threatening, defamatory, abusive, obscene, pornographic;
• would give rise to any civil or criminal liability under applicable law;
• that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity
unless you have first received permission from the Owner of those rights, to use the materials;
• slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
• contains an email address, telephone number, street address, last name,
or any other content or information that identifies a user;
• contains any materials that constitute spam. Sending the same message multiple times or to multiple people will be treated as spam. In addition, you agree not to use the Service or the site to:
• harvest or collect email addresses or other contact information of other users from the Service or the site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• engage in any unlawful conduct or in any other manner that could damage, disable, overburden or impair the site;
• use automated scripts to collect information from or otherwise interact with the site;
• upload, post, transmit, share, store or otherwise make available any content that Owner deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any content that Owner deems to be of gossip, complaint, or hateful nature;
• upload, post, transmit, share, store or otherwise make available any content that Owner deems to be of cancerous nature and spread a negative message to other members of community;
• register for more than one User account or register for a User account on behalf of an individual other than yourself;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Owner, or create a false identity on the site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Owner, is objectionable or which restricts or inhibits any other person from using or enjoying the site, or which may expose Owner or its users to any harm or liability of any type.
• Cross-recruit or cross-sell other community Members. Further, you agree not to use the site to:
• To upload, post, transmit, share, store or add anything to this site that could be interpreted to be in violation of any of the laws of the United States or any State or locality, whether Member resides in any of the foregoing.
• Member shall be strictly responsible for knowing and understanding the laws, as set forth above, and for making sure that anything Member uploads, posts, transmits, shares, stores or adds to the site is in compliance therewith.
• Owner, upon learning of any violation of these provisions will result in immediate termination of the Member and a lifetime ban of the Member from the site.
Like all provisions of the TOU, you agree to indemnify and hold the Owner harmless for any infringement of or failure to comply with the above referenced restrictions.
Proprietary Rights in site content; Limited License
Like all provisions of the TOU, you agree to indemnify and hold the Owner harmless for any infringement or failure to comply with this provision.
All trademarks, service marks or any other form of mark appearing on this site are trademarks of their respective owners, including Monasteries of the Heart.
User Content Posted on the site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, blogs, articles, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the site or Service that you did not create or that you do not have permission to post. You understand and agree that the Owner may, but is not obligated to, review the site and may delete or remove (without notice) any site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Owner violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the site or provide to the Owner.
When you post User Content to the site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the site. By posting User Content to any part of the site, you automatically grant, and you represent and warrant that you have the right to grant to the Owner an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the site at any time. If you choose to remove your User Content, the license granted above will automatically expire for any future usage that is not in usage at the time of removal, however you acknowledge that the Owner may retain archived copies of your User Content. Monasteries of the Heart does not assert any ownership over your User Content; rather, as between Owner and you, subject to the rights and license granted to us in the TOU, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Owner has adopted a policy of terminating, in appropriate circumstances, and at the Owner’s sole discretion, Members who are deemed to be repeat infringers. The Owner may also at its sole discretion limit access to the site and/or terminate the Memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Owner's failure to terminate a Member on or as a result of any infringement, shall not serve as any waiver of Owner's rights of termination hereunder.
You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other users. Member agrees to hold Owner harmless and to indemnify it from any liability or claims that might arise out of any dispute between Members.
The Owner is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the site, whether posted or caused by users of the site, by the Owner, by third parties or by any of the equipment or programming associated with or utilized in the site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the site or in connection with any User Content or Third Party Applications, Software or Content. The Owner is not responsible for the conduct, whether online or offline, of any user of the site or Member of Monasteries of the Heart.
The site may be temporarily unavailable from time to time for maintenance or other reasons. Owner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Owner is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Owner be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the site or the Service or transmitted to Users, or any interactions between users of the site, whether online or offline.
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS-IS” “WHERE IS” AND “WHERE AVAILABLE” AND THE OWNER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE OWNER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR MEMBERSHIP. OWNER DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, OR OTHER HARDWARE, SOFTWARE, AND DEVICES, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND ITS SERVICES.
IN ADDITION, ALL INFORMATION ON THE SITE, INCLUDING USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, IS PROVIDED WITH THE UNDERSTANDING BY MEMBER THAT THE OWNER IS NOT ENGAGED IN RENDERING, NOR DOES THE OWNER MAKE ANY REPRESENTATIONS, WARRANTIES, OR CLAIMS, REGARDING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE OWNER HEREBY INFORMS AND ENCOURAGES YOU THAT YOU HAVE THE RIGHT TO SEEK APPROPRIATE PROFESSIONAL ADVICE REGARDING ANY SITUATION AND/OR INFORMATION ON THIS SITE THAT MIGHT REQUIRE SUCH ASSISTANCE AND ATTENTION. AS A USER YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE TO SEEK APPROPRIATE PROFESSIONAL ADVICE WITH RESPECT TO THE SUITABILITY FOR USE OF ANY PRODUCT OR INFORMATION CONTAINED OR OFFERED ON THIS SITE. YOU AGREE TO INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY DAMAGES THAT MAY RESULT BY YOUR FAILURE TO SEEK ANY PROFESSIONAL ASSISTANCE AND YOU HEREBY WAIVE ANY CLAIM AGAINST THE OWNER FOR SUCH FAILURE.
The Owner reserves the right to change any and all content, software and other items used or contained in the site and any Services and Platform Applications offered through the site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Owner.
Limitation on Liability
NONE OF THE LIMITATIONS ON LIABILITY SET FORTH ABOVE SHALL BE IN ANY WAY MODIFIED, LIMITED OR OTHERWISE ALTERED AS A RESULT OF THE LIMITATIONS SET FORTH IN THIS SECTION. IN NO EVENT WILL THE OWNER OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE OWNER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OWNER FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO OWNER FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM OWNER, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU AGREE TO INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY DAMAGES THAT MAY RESULT TO (OR BE ALLEGED AGAINST) OWNER BY YOUR USE, WHETHER SUCH USE IS PROPER, IMPROPER, AUTHORIZED OR UNAUTHORIZED OR IN VIOLATION OF ANY OF THE PROVISION OF THE TOU.
The Owner may terminate your Membership, delete your profile and any content or information that you have posted on the site and/or prohibit you from using or accessing the site (or any portion, aspect or feature of membership or the site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 years of age.
Should Owner be required to seek Arbitration relief against Member or seek an injunction against a Member, and if Owner is successful either in Arbitration and/or in receiving an injunction and an award of any damages, Member shall be required and hereby agrees to pay the reasonable costs and attorney fees associated with any such action or other legal action that Owner initiates against Member. This right to attorney fees and costs shall be consistent with and comply with the Laws of the State of Pennsylvania.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
All arbitration hearings or proceedings shall take place in Erie, Pennsylvania.
In addition to the indemnifications contained elsewhere herein, you agree to indemnify and hold the Owner, its subsidiaries and affiliates, and each of their members, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the site, your use of the site, your conduct in connection with membership or the site or with other users of the site or members, or any violation of this Agreement or of any law or the rights of any third party.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the site.
If you believe any materials on the site infringe a copyright, you should provide us with written notice that at a minimum that contains:
1. A physical or electronic signature of a person authorized to act on behalf of the Owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us 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;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright Owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to (email not acceptable):
Monasteries of the Heart
355 East Ninth St.
Erie, PA 16503
The parties agree that the TOU or any other agreement herein or referenced hereby, shall not be interpreted against Owner as a result of the Owner’s authorship of the same. Member is advised that Member has a right and is advised to have the TOU reviewed by their own legal counsel and adviser. Member's continued use of this site shall serve as an admission by Member that the TOU shall not be interpreted against the Owner and that they have either sought their own legal counsel to review the TOU or have, after understanding and being advised of their right to counsel, have hereby waived the right to have the TOU reviewed by legal counsel and agree to the terms and conditions hereof.