Privacy Policy

Hearts Apart LLC respects the privacy of our users and will not sell, trade, or otherwise distribute your personal information as a part of our normal business operations. We will contact you directly to gain your written authorization to release any of the personal information you provide to us during your initial registration. However, we reserve the right to verify your identity and validate the credit card information you provide as payment for our services. This may include, but is not limited to, a personal credit check and pre-approval of the amount we will bill to your credit card at the time of enrollment.

Security Policy

Hearts Apart LLC has made every effort to ensure the security of our website and the services we provide. The fluid nature of the internet and the complexity of products/services being developed for use on the worldwide web create inherent vulnerabilities to fraud, identity theft and criminal misuse. We at Hearts Apart strive to maintain a secure family friendly environment for you to store and share you memories. You are solely responsible for safeguarding your password(s) and account information. You may modify your password(s) or account information at any time by accessing the appropriate menu from your My Home (Admin) page. In addition, you are responsible for all activities that occur under your account. By acknowledging these policies, you agree to notify Hearts Apart immediately of any unauthorized use of your account or any other security lapses as you become aware of them. In consideration for use of our services, you agree to provide current, complete, and accurate personal information at the time of enrollment and make updates as necessary to keep it current and complete. Hearts Apart reserves the right terminate your account immediately should any information you provide prove to be inaccurate or false.

Content Policy

Heartsapart.com has been designed to provide a wholesome environment for families and friends to share their memories, plan activities, and stay in touch over the internet. We are constantly working to improve your ability to stay connected to those important people you are separated from and share your life experiences across the miles that divide you. In order to continue to provide an environment suitable for all ages, we must insist on your cooperation in this endeavor. You are solely responsible for any data, photographs, images, files, graphics, text, messages, video, files, information, or any other materials which are posted, transmitted, or distributed by you through the use of our services. Subscribers will not under any circumstances post, reproduce, or distribute any copyrighted, trademarked, or otherwise proprietary information without the written permission of the owner of these materials. In addition, subscribers will not upload, post, order for reproduction, email or otherwise transmit any material that is obscene, pornographic, unlawful, threatening, menacing, defamatory, blasphemous, illegal, or harmful in any way. Hearts Apart LLC reserves the right to monitor all content posted on or transmitted through our website. Should we deem any materials unsuitable or objectionable, we reserve the right to eliminate the offensive content or materials and terminate the user’s service agreement without notice. Under no circumstances will Hearts Apart LLC be held liable in any way for the content posted on or transmitted by users or third parties through our website. This will include, but is not limited to, liability for any content, misinformation, errors, omissions, slanderous material, or any damages resulting from the use or exposure to any content posted, transmitted or distributed through our service. You must not use our services to conduct “Spamming” or unwanted solicitation of the general public. Users found conducting such activities through our web site will have their accounts terminated immediately and could be subject to all appropriate legal actions.

Membership Auto-renewal, Cancellation, and Refund Policies

All memberships are “auto-renewing” unless stated otherwise at the time of issue. “Auto-renewing” means that Hearts Apart LLC will automatically bill your credit card the prescribed subscription fee for your level of access on the anniversary date of your enrollment as a member. Hearts Apart services are billed either monthly, semi-annually, or annually unless otherwise stated as a part of a special promotion, sale, or marketing event. For example: if you subscribe on November 15, 2005, your next billing date will be December 15, 2005 (for a monthly membership) or November 15, 2006 (for an annual membership.) Should you subscribe on the date of a particular month for which there is no corresponding date in subsequent months, you will be billed on the first day of the following month (For example: January 30, 2006 your billing date for February 2006 will be March 1, 2006.) For billing purposes, we will keep your credit card information on file and may ask you to update it periodically. You may cancel your membership at any time by emailing us at support@heartsapart.com. If your cancellation request is received on or after your anniversary date, your subscription will continue until your next billing date. EXCEPTION: For annual subscribers, cancellations must be received no later than 30 days after the annual billing date to receive a full refund. Cancellations beyond this period will not be granted a refund.
Products and services purchased through Hearts Apart will be identified with specific warranties and satisfaction guarantees at the time of sale. All products and services without clearly defined warranties or refund policies are provided “as is” with no warranties whatsoever. If a product or service is labeled “all sales final” at the time of purchase, no refund of any kind will be granted.

Resale/Commercial use/Abuse of Hearts Apart services

Your right to use Hearts Apart services is personal to you as the subscriber. By accepting these Terms of Service, you agree not to resell or make any commercial use of the Hearts Apart services with out the expressed written consent of Hearts Apart LLC. You may not create computer generated tools or software to resell, market, or automate access to Hearts Apart services in any manner. Uses that constitute abuse shall be determined solely by Hearts Apart LLC and may result in the immediate termination of your account and/or the commencement of punitive actions against any and all parties involved.

Links to other web sites

Any web sites that are accessible via links included with the Hearts Apart service or created by the subscriber that take you out of the Hearts Apart services web site are not under the control of Hearts Apart. Therefore, Hearts Apart LLC will not be responsible for the content, privacy policies, products, or services of any linked “third party” web site.

Disclaimer of Liability

Hearts Apart LLC guarantees that all services will be carried out with reasonable skill and due diligence, and that any products or services supplied will be of satisfactory quality and reasonably suited for their intended purpose. By accepting these terms of service, you expressly agree that your use of any and all Heart Apart services is at your sole risk. Furthermore, you understand and agree that Hearts Apart services are provided on an “as is” and “as available” basis. Hearts Apart LLC makes no warranty that its services will meet your particular requirements or that its services will be uninterrupted, timely, secure, or error free. You understand and agree that the upload or download of any material through this service is done at your own discretion and risk. You are solely responsible for any loss or damage to your content or damage to your computer system as a result or byproduct of the use of any Hearts Apart service. You are solely responsible for creating backups of your digital content. You further understand and agree that Hearts Apart LLC is not responsible or liable to you or any other party for any unlawful, threatening, menacing, defamatory, blasphemous, illegal, abusive, vulgar, obscene, sexually explicit, or otherwise harmful content, conduct, or speech uploaded or conveyed through the use of any Hearts Apart product or service. Except as expressly provided in the preceding paragraphs and to the fullest extent allowed by law, Hearts Apart LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages resulting from the use or inability to use any Hearts Apart services or products. Hearts Apart makes every effort to maintain a 99.9% uptime. All data on Heart Apart is backed up periodically, however, due to the nature of digital media, the potential for data loss still exists. Hearts Apart is not responsible for any loss of data. To protect your own data, you can order a backup DVD of your entire library through the Hearts Apart store on your administration page.

Changes to these Policies

Hearts Apart LLC reserves the right to amend these policies at any time and without notice. However, if we make any substantive changes to our policies regarding the use of your personal information, we will post all amendments to these policies on the Hearts Apart home page with the effective date of the change. Your continued use of the site constitutes your acceptance of and agreement to all of the changes to our policies. If you do not agree to the changes, you may contact us at support@heartsapart.com to cancel your subscription.