MISSHEARD WEBSITE TERMS OF SERVICE
These terms of service constitute a binding contract between you and Aloud Publishing, LLC d/b/a MissHeard Media, a limited liability company, with offices at 884 Point Sea Side Drive, Crystal Beach, Florida, 34681 (“MissHeard”), and are deemed accepted by you every time you access the www.MissHeardMagazine.com website. These terms of service are subject to change at any time. Please consult these terms of service regularly.
These Terms of Service govern your use of the MissHeard website and related services (referred to collectively as the “Service” in this document).
Unless otherwise agreed in writing with MissHeard, your agreement with MissHeard will always include, at a minimum, the terms and conditions set out in this document. Please read this page carefully. If you do not accept these terms of service stated here, do not use the Service.
You must be authorized to access the Service pursuant to a valid MissHeard subscription. By accessing the Service and accepting these Terms of Service, you represent and warrant to MissHeard that you have the right, authority and capacity to access the Service and agree to and abide by these Terms of Service.
- Access To the Service
MissHeard grants you a nonexclusive, nontransferable and limited license to access and view the Service for your own personal, noncommercial use.
You may not use the Service without a valid subscription with MissHeard. If you nevertheless access and use the Service without authorization, your access and use will be governed by these Terms of Service, and you will be liable to MissHeard for any breach of these Terms of Service as well as for damages to include, but not be limited to, payment for use of the Service at the then-applicable subscription rate.
To obtain a subscription, you must complete the online registration form available on the Service. Your subscription will not be valid unless and until MissHeard accepts your subscription and registration and activates your account. By registering with the Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify MissHeard promptly of any changes to this registration information.
MissHeard has the right to refuse you access to the Service or any of its resources, and to terminate or suspend your access at any time.
- Proprietary Information
The material and content accessible from the Service (the “Content”) is the proprietary information of MissHeard or the party that provided the Content to MissHeard, and they shall retain all right, title, and interest in the Content. Accordingly, you shall not copy, distribute, republish, upload, post, or transmit the Content in any way without the prior written consent of MissHeard.
Except as expressly set forth in these Terms of Service, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate copies of the Content, or any portions thereof (including, but not limited to, any electronic or printed copies), without MissHeard’s prior written consent.
Your use or modification of the Content, except as expressly provided in these Terms of Service, violates MissHeard’s intellectual property rights.
- Fees and Services
The scope of your access to the Service, and your subscription fee, are determined by the subscription option you select. It is your responsibility to promptly update MissHeard with any contact or billing information changes or updates pursuant to your subscription.
MissHeard reserves the right to charge additional fees for optional premium content, services or features offered in connection with the Service at any time. By using any of these optional premium services, you agree to pay the fees identified on the website. If you do not want to pay these associated fees, do not select delivery of optional premium services.
The term of your subscription shall begin on the date you activate your subscription and shall continue for the stated subscription period (the “Term”). The Term shall automatically renew for additional Terms unless you provide prior notice that you intend to cancel your subscription via the cancellation option available on your user account page.
- Service Account Access
The MissHeard Service is provided for the exclusive use of subscribers. All subscribers shall register unique user accounts. All subscribers must accept and be bound by these Terms of Service. User account sharing is not permitted. Account rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to any third party without the express written permission of MissHeard. You shall not permit any unauthorized third parties to access the MissHeard Service.
When you access the Service, you may input certain information including but not limited to personal name and contact information. You understand and agree that MissHeard may disclose such information to third parties pursuant to the performance of these Terms of Service. In no event shall you be entitled to any compensation for the use of any of this information.
- Service Communications
In connection with your use of the Service, you authorize MissHeard to send you service announcements, messages, and other information. You may opt out of some of those communications.
- Customer Service and Support
For customer service related to your subscription (including information regarding registration and billing), contact MissHeard via email at firstname.lastname@example.org.
- User Monitoring
MissHeard reserves the right to monitor and record your use of the Service to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason.
- Restrictions On Use
You may use this Service for purposes expressly permitted by these Terms of Service. You may not use this Service for any other purpose, including any commercial purpose, without MissHeard’s express prior written consent. For example, without MissHeard’s prior written consent you may not (and may not authorize any other party) to:
- reproduce, duplicate, copy, aggregate, sell, trade or resell the Service or Content for any purpose.
- frame the Service or Content on any website;
- use or attempt to use any automated software tool or other device or mechanism (including without limitation scripts, spiders, robots or other data mining tools) to access the Service or Content; or
- attempt to decompile, disassemble or reverse engineer any software code making up any part of the Service.
You also represent and warrant that you will use the Service in a manner consistent with any and all applicable laws and regulations.
- Intellectual Property Ownership
You acknowledge that MissHeard has created, acquired or otherwise has rights in all intellectual property relating to the Service, the Content, and these Terms of Service, including but not limited to patent rights; registered and common law trademarks and service marks; trademark applications; copyrights; copyright applications and registrations; trade secrets; proprietary information; publicity rights; moral rights; rights against unfair competition; electronic and computer software programs; and electronic information (collectively, the "MissHeard Intellectual Property"). MissHeard shall retain all ownership of the MissHeard Intellectual Property during the Term of these Terms of Service and after its termination.
- Improvements Ownership
You acknowledge that any ideas or improvements you develop related to the Service or Content, including but not limited to suggestions for modification, creation, or acquisition of rights in concepts, ideas, methods, methodologies, procedures, processes, knowhow, or techniques; models; templates; the generalized features of the structure, sequence and organization of the Service or Content, including user interfaces and screen designs; and the general purpose tools, utilities and routines, logic, or methods of operation for the Service hardware or software (the “Improvements”) shall be owned by MissHeard. You hereby assign to MissHeard any Improvements that currently exist or that are developed in the future. You agree to execute any assignment documents as MissHeard may require to effect the assignment of all existing or future Improvements.
The MissHeard word mark and the MissHeard logo are the trademarks of MissHeard. You will not use or allow any third party to use any of MissHeard’s marks, including but not limited to the foregoing, without MissHeard’s prior express written consent.
- User Submissions
MissHeard may allow you to submit, publish, or display content to the Service, including but not limited to articles, commentary, personal information, graphics, messages, discussions, analysis, or data (together, the “Submissions”). By posting any Submission to the Service you grant to, and represent and warrant that you have the right to grant to MissHeard the royalty-free, perpetual, irrevocable, worldwide, sub-licensable, non-exclusive right and license (including moral and publicity rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions. This right and license includes, but is not limited to, Miss Heard’s publication of Submissions in connection with its existing magazines and websites, as well as to create all manner of future articles, magazines, websites, products, reproductions, copies, prints, negatives, derivative works, marketing materials, advertising, or other documents that in any way incorporate or use any portion of the Submissions in any form or medium.
MissHeard will not be required to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability for use in future MissHeard operations.
MissHeard acts as a passive conduit for the online distribution and publication of certain Submissions and has no obligation to screen all Submissions in advance. MissHeard may review and delete any Submission that, in the sole judgment of MissHeard, violates these Terms of Service, violates applicable law, rule or regulation, is offensive or illegal, or violates the rights of any users of this Service.
You may not post, send, submit, publish, or transmit in connection with this Service any material that:
- you do not have the right to post, including proprietary material of any third party;
- is incomplete, false, inaccurate, or which is not your own;
- is not submitted in good faith or with proper due diligence;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, defamatory, pornographic, abusive, threatening, offensive or indecent;
- violates any law, or may be considered to violate any law;
- solicits, advertisers or sponsors; or
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
- Software Updates
The Service may incorporate updates from time to time. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
MissHeard reserves the right to terminate these Terms of Service at any time without prior notice and with or without cause. Cause for termination includes, but is not limited to, breaches or violations of these Terms of Service, requests by law enforcement, fraudulent or illegal activity by you, nonpayment of fees owed by you in connection with the Service, account inactivity or technical or security issues.
You may cancel the automatic renewal of your subscription period prior to your renewal date. You may also request the deactivation of your account at any time. However, the deactivation of your account shall not result in a refund of amounts pre-paid, if any, under your subscription.
If your MissHeard subscription is cancelled or terminated for any reason, any information stored on the Service may be immediately removed and deleted at the sole discretion of MissHeard. No such information can be retrieved once deleted.
- Modification of Service
MissHeard reserves the right to change the Service and Content at any time without notice (including but not limited to adding or removing features). If you are dissatisfied with any such changes, or if you are otherwise dissatisfied with the Service (including but not limited to its performance or availability), your only remedy will be to cancel your subscription.
- Exclusion of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. The SERVICE AND Content ARE provided “as is” and without warranties of any kind, either express or implied. MissHeard disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. MissHeard does not warrant THE ACCURACY, COMPLETENESS, OR TIMELINESS OF the information available on the SERVICE or that the functions OF THE SERVICE will be uninterrupted or error-free, that defects will be corrected, or that THE SERVICE IS free of viruses or other harmful components. MissHeard does not warrant or make any representation regarding THE use, or the result of use, of the SERVICE in terms of accuracy, reliability, or otherwise. You, and not MissHeard, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE. NEITHER MISSHEARD NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE.
- Limitation of Liability
NEITHER MISSHEARD NOR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MISSHEARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MISSHEARD AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED YOUR MONTHLY SUBSCRIPTION AMOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You indemnify and hold MissHeard, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, contractors and users (the “Indemnified Parties”) harmless from any breach of these Terms of Service by you, including any use of the Service or Content, other than as expressly authorized in these Terms of Service. You also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Service or Content. You agree that MissHeard will have no liability in connection with any such breach, unauthorized use, or third party claim, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.
- Account Security
Each user account is for the sole use of a single registered user. You are responsible for the security of your user account password. MissHeard will be entitled to monitor your user account password and, at its discretion, require you to change it. If you use a password that MissHeard considers insecure, MissHeard will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, MissHeard reserves the right to release your details to third parties to assist in resolving security incidents. MissHeard reserves the right to investigate suspected violations of these Terms of Service.
MissHeard reserves the right to fully cooperate with any law enforcement authorities, subpoenas or court orders requesting or directing MissHeard to disclose the identity of any users or to produce data stored on the Service.
- Third-Party Websites, Links, and Information
The Service may contain information, products, and services provided by third parties and links to websites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of the Service. MissHeard does not control this information or these products, services, or websites. MissHeard does not make any representations or warranties, express or implied, regarding this information or these products, services, or websites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with MissHeard with respect to any third party, any third party's website, or its content, or any information, products, or services provided by a third party.
- Compliance with Applicable Laws
You agree to comply with all applicable laws and regulations governing the use of the Service and information accessed pursuant to these Terms of Service.
You are responsible for paying all fees and applicable taxes associated with the services provided by MissHeard under these Terms of Service.
- Choice of Law and Venue
You agree that these Terms of Service are governed by and interpreted under the laws of the United States and the State of Florida, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Orange County, Florida in connection with any dispute between you and MissHeard arising out of these Terms of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be in the state or federal courts serving Orange County, Florida. Notwithstanding this, you agree that MissHeard shall still be permitted to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
These Terms of Service shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under these Terms of Service may not be assigned, sublicensed or otherwise transferred by you without the prior written consent of MissHeard, which retains the right to withhold consent in its sole discretion.
You agree that if any court of law, having the jurisdiction to decide on this matter, determines any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that if MissHeard does not exercise or enforce any legal right or remedy which is contained in these Terms of Service, this will not be taken to be a formal waiver of MissHeard’s rights and that those rights or remedies will still be available to MissHeard.
You agree that any modification to these Terms of Service must be made through a modification to this page. MissHeard may modify these Terms of Service at any time.
- Force Majeure
MissHeard will be excused hereunder, for any period it is prevented from performing any services or obligations pursuant hereto in whole or in part as a result of an act of God, war, civil disturbance, court order, labor dispute, a change in law which impedes the ability of MissHeard to carry on its business, severe weather, mechanical equipment failure, computer system failure, software failure, or other occasional cause beyond its reasonable control, to include Internet access outages, fluctuations, and/or interruptions in electrical power, heat, light or air conditioning, and such non-performance shall not be a ground for termination or a damages claim.
- Third-Party Beneficiaries
There are no intended third-party beneficiaries to these Terms of Service. You are not a third-party beneficiary of, and will have no right directly or independently to enforce, any agreements between MissHeard and any third party.
- Entire Agreement
You agree that these Terms of Service constitute the entire agreement between the parties relating to this subject matter, and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
Last updated: 2/7/2018.