Welcome to Hearts of Paradise Home. By accessing this website, the associated mobile website, and the mobile application (collectively, the “Websites”), you agree to be bound by these Terms of Service (this “Agreement”), regardless of whether you register as a member of Hearts of Paradise Home (“Member”). If you intend to become a Member or utilize the service (the “Service”), please review this Agreement thoroughly. Should you disagree with any part of this Agreement or the Hearts of Paradise Home Privacy Policy, you must refrain from using the Service.

This Agreement may be updated by Hearts of Paradise Home at any time, with changes becoming effective upon posting to the relevant website. Your continued use of the Websites and Service after Hearts of Paradise Home posts revised terms constitutes your express and binding acceptance of the updated Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS VITAL INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING SPECIFIC LIMITATIONS, EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS THE HANDLING OF DISPUTES.

Electronic Agreement

This document serves as an electronic contract outlining the legally binding terms for your use of the Websites and the Service. Hearts of Paradise Home may modify this Agreement periodically; such modifications are effective upon posting. By accessing or using the Websites, or by registering as a Member, you accept this Agreement and adhere to all terms, conditions, and notices contained or referenced herein.

1. Access and Retention

To access and retain this electronic Agreement, you must have Internet access, either directly or via devices capable of accessing web-based content, and be responsible for any associated service fees. You are responsible for all equipment needed to connect to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records, or save an electronic copy using a word processing program.

2. Commercial Use of Service

If you are accessing the Websites or using the Service on behalf of a company, entity, or organization (“Subscribing Entity”), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity with the authority to bind them to these Terms of Service;

b. You have read and understand these Terms of Service; and

c. You agree to these Terms of Service on behalf of the Subscribing Entity.

Illegal or unauthorized use of the Websites includes, but is not limited to: browsing or downloading illegal content; harvesting member usernames or email addresses to send unsolicited emails; unauthorized framing or linking; sharing your account credentials with third parties; impersonating others; fraudulent or misleading activity; automated system use (e.g., scraping, spiders, robots, crawlers, data mining); interfering with or burdening the Websites’ networks; or violating any applicable laws. Unauthorized use may lead to investigation and legal action, including civil, criminal, or injunctive relief. Permission to use the Websites is granted by Hearts of Paradise Home and may be revoked at any time for any reason at our sole discretion.

3. Account Security

You are responsible for maintaining the confidentiality of your designated username and password and are fully accountable for all activity occurring under your account. You agree to: (a) immediately notify Hearts of Paradise Home of any unauthorized use of your account or security breach, and (b) ensure you log out after every session. Hearts of Paradise Home is not liable for losses resulting from your failure to comply with these rules. Exercise caution when using public or shared computers to prevent others from viewing your information. Consider disabling auto-login features if you share your computer.

4. Your Use of the Websites

a. You may not browse or download illegal content.

b. You must not attempt to copy or capture any part of the Websites (“Content”) without express permission from Hearts of Paradise Home.

c. You must not copy, republish, adapt, communicate to the public, display, perform, transfer, share, or exploit any Content from the platform, except for content you created (“Your Content”) or as permitted by these Terms and the parameters set by the Uploader (e.g., Creative Commons).

d. You must not use Content to create a separate service or replicate any part of the Websites’ offerings.

e. You must not use scraping or similar techniques to aggregate or repurpose Content.

f. You must not use bots, scripts, or automated means for account registration, logging in, posting comments, or other repetitive actions, nor promote such techniques.

g. You must not alter or remove any legal, trademark, or copyright notices on the Websites (other than on Your Content).

h. You must not reverse engineer, decompile, or attempt to discover the source/object code of the Websites, nor circumvent any copy protection or rights management information.

i. You must not upload or communicate any Content that is:

Offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, or promotes violence/terrorism/illegal acts, or incites hatred based on protected categories, at the sole discretion of Hearts of Paradise Home;

Violating, plagiarizing, or infringing upon third-party rights (copyright, trademark, privacy, publicity, or confidentiality);

Illegal or contrary to any law, rule, or court order;

Harmful, such as viruses, Trojans, malware, or bots that could disrupt the Websites; or

Unsolicited advertising, spam, or promotional material.

j. You must not engage in conduct that constitutes a criminal offense or violates regulations.

k. You may not rent or sell access to the Websites or its Content, though you may link Your Content to legitimate online stores.

l. You must not impersonate any person or entity or misrepresent your affiliation.

m. You must not harass, stalk, threaten, or abuse any user or Hearts of Paradise Home employee. Threatening or offensive behavior toward employees will result in immediate termination of your membership without refund.

n. You must not sell or transfer your account without prior written approval from Hearts of Paradise Home.

o. You must not collect personal data about other users via scraping or other means.

p. You must not circumvent security measures, access unauthorized data/servers, test vulnerability, or interfere with the Websites. Hearts of Paradise Home reserves the right to investigate and cooperate with law enforcement regarding such violations.

You agree to comply with these conditions and acknowledge that Hearts of Paradise Home may, at its sole discretion, terminate your account or take further action for any breach, including legal proceedings.

5. Representations and Warranties

You represent and warrant to Hearts of Paradise Home that:

a. Your Content is original, or you possess all necessary rights/permissions to authorize Hearts of Paradise Home to use, store, and distribute it on the Websites and third-party services.

b. Your Content does not infringe upon third-party intellectual property or privacy rights.

c. You have obtained all necessary releases from persons appearing in Your Content.

d. Your Content is not unlawful, offensive, or otherwise prohibited under Section 4.

e. Your Content does not create liability for Hearts of Paradise Home, its affiliates, or employees.

Hearts of Paradise Home may remove Your Content, terminate your access, or pursue legal remedies if your content breaches these warranties.

6. Term

This Agreement remains in effect while you use the Websites or Service. You may terminate your membership at any time by contacting us via phone, email, or our contact form. Hearts of Paradise Home may request a reason for cancellation to improve our services. Hearts of Paradise Home may terminate your membership for any reason via notice to the email address provided. If terminated due to a breach of this Agreement, you are not entitled to a refund. Decisions regarding termination are at our sole discretion, and notice is not required. This Agreement survives termination.

7. Modifications to Service

Hearts of Paradise Home may modify or discontinue the Service, temporarily or permanently, with or without notice. We are not liable to you or third parties for any such modification or suspension.

8. Blocking of IP Addresses

To protect the integrity of the Service, Hearts of Paradise Home may, at its sole discretion, block users from specific IP addresses.

9. Content

a. Proprietary Rights: Hearts of Paradise Home retains all proprietary rights in the Websites and Service. Content is the copyrighted property of Hearts of Paradise Home and its licensors and is for Member use only. Unauthorized distribution is prohibited and entitles Hearts of Paradise Home to injunctive relief. We are not responsible for third-party links or content provided by others, which are governed by the third party’s own terms.

b. Ownership of Your Content: You agree that content you upload becomes the property of Hearts of Paradise Home. However, Hearts of Paradise Home grants you a worldwide, royalty-free, non-exclusive license to use/distribute your content (excluding commercial/for-profit use). All other content belongs to its respective Uploader.

10. Restrictions on Use of Materials

The Websites contain “Intellectual Property” (images, text, etc.) protected by U.S. and international law. Hearts of Paradise Home owns the copyright to the selection and arrangement of this material. You may not modify, distribute, or exploit this Intellectual Property. Downloading does not grant you ownership; any unauthorized use is strictly prohibited.

11. Copyright Policy

Hearts of Paradise Home prohibits the posting of information that infringes on copyright or other intellectual property rights. Pursuant to the DMCA, notices of claimed infringement must be sent via our contact form, including:

a. Identification of the infringed work;

b. Identification of the infringing material;

c. Your contact information;

d. A statement of good faith belief that the use is unauthorized;

e. A statement of accuracy under penalty of perjury;

f. Your signature.

We will take appropriate action as required by law. Repeated infringers will be prohibited from posting.

12. Liability for Content

Hearts of Paradise Home acts as a passive host and stores content at the direction of users. You are solely responsible for Your Content. Hearts of Paradise Home does not monitor content for appropriateness or accuracy and disclaims all liability for user-generated content. You irrevocably waive any claims against Hearts of Paradise Home related to user-posted material.

13. Repeat Infringers

Hearts of Paradise Home will suspend or terminate users who repeatedly breach these Terms. If we receive a valid infringement notice or believe behavior is inappropriate, we will issue a warning. More than two warnings may result in termination. We do not provide refunds for accounts terminated due to repeated infringement.

14. Limitation of Liability

Hearts of Paradise Home is not liable for any damages (direct, indirect, incidental, punitive, etc.) arising from the use of the Websites or Service. All content is provided “as is” without warranty. Your use is at your sole risk. To the maximum extent permitted by law, Hearts of Paradise Home’s total liability is limited to the greater of $500.00 or the amount you paid us in the six months prior to the dispute.

15. Indemnity by You

You agree to indemnify and hold Hearts of Paradise Home and its affiliates harmless from any loss, claim, or demand (including attorney’s fees) arising from:

a. Your violation of this Agreement;

b. Any third-party infringement claims regarding Your Content;

c. Any activity occurring under your account.

16. Attorney Fees

If Hearts of Paradise Home is successful in any legal action related to this Agreement, you are responsible for our attorney’s fees and costs.

17. Parental or Guardian Permission

Children under 17 are not permitted to use the Websites unless a supervising parent or guardian is present.

18. Privacy

Use of the Websites is governed by our Privacy Policy.

19. Jurisdiction and Choice of Law; Dispute Resolution

Disputes are governed by the laws of the State of North Carolina. You consent to the exclusive jurisdiction of the state and federal courts of New York. Service of process may be made by certified mail. If any part of these terms is unenforceable, the remaining provisions remain in effect.

20. Arbitration Provision/No Class Action

Except where prohibited by law, all disputes or claims arising out of the Websites or Service must be resolved through binding arbitration. You agree to waive any right to participate in a class action.