Terms & Conditions
We welcome you to the heart-mat.com website(the “Website” or “heart-mat.com”). The Website is designed to provide information about health, wellness and sustainability, sell product, and to create a community of like-minded people interested in the topics we discuss (the “Service”). The Website is owned by Heart-MaT s.r.o., ICO: 05261091, Prague, Czech republic. PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms.
This Terms and Conditions of Use Agreement (this “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Websites) or you are a "Member" (which means that you have registered on our Website as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our Website. You agree to be bound by any modification to this Agreement when you use our Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements.
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the shipping information form available on our Website
3. Prohibited Conduct.
You agree not to use the Service and facebook to post or otherwise transmit information, data, text, images, files, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- collects, stores or solicits personal information;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- disrupts, overburdens or otherwise interferes with the Site, the Services, or the networks or servers used by Bunker Mode;
- impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
- contains a virus or other harmful component.
4. Website Content.
All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Website may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. Heart-mat shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. Heart-mat reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Website, and to the products and packages described on the Website, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Website. You acknowledge that you may not rely on any content on the Website. Heart-mat does not endorse or represent the reliability, accuracy or quality of any information, or non-heartmat goods, services or products displayed or advertised on the Website. We make no representations or warranties, express or implied, with respect to the information provided on this Website.
5. International Use.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Czech republic or the country in which you reside.
7. Disclaimer of Warranties.
You expressly understand and agree that:
YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEART-MAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD PARTY WEBSITE WITH WHICH THEY ARE LINKED.
8. Limitation on Liability.
To the fullest extent permitted by applicable laws, in no event will Gaiam, its affiliates, subsidiaries, employees, agents, suppliers, or contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the Service, the Website or any website with which they are linked, even if Gaiam has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Gaiam'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 Gaiam for the Services. Otherwise, if you are dissatisfied with any portion of the Website, or with this Agreement, your sole and exclusive remedy is to discontinue using the Website. Without limiting the generality of the foregoing, Gaiam will not be liable for:
- the contents of any communication, message, or information posted by you or other third parties;
- the content of any website not controlled, owned, or operated by Gaiam that is accessed from or linked to this Website;
- the content, services or information provided by any website purporting to be operated by Gaiam or its affiliates, but not actually affiliated with, controlled, owned, or operated by Gaiam; and
- any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
You further specifically acknowledge that Gaiam is not liable, and you agree not to seek to hold Gaiam liable, for the conduct of third parties, including other users of the Services and operators of external websites and that the risk of use of the Services and external websites and of injury from the foregoing, rests entirely with you.
You agree to indemnify, defend, and hold harmless HEART-MAT, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement; your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; your use of the Website; or your connection to the Website. Heart-mat will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. Any possible attack against heart-mat will be charged by 80000 dolars and higher.
10. Additional Terms.
We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
11. Modification and Discontinuation.
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
12. Entire Agreement.
13. Choice of Law and Forum.
This Agreement and the relationship between you and heart-mat shall be governed by the laws of the Czech republic without regard to its conflict of law provisions.
14. Waiver and Severability of Terms.
The failure of heart-mat to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
15. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
With kind regards