This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the BeatOnMyHeart.com website. By engaging this website you are indicating that you agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for your records.

We reserve the right, at any time, to change or modify these terms and conditions. Such changes will become effective immediately and can be viewed by accessing at any time the "Terms of Use" and “Online Privacy Policy” web pages. You agree to review this Agreement periodically to be aware of any such revisions.

This Agreement constitutes your agreement with BeatOnMyHeart.com with respect to your use of the Site. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Site.

Your right to use the Site is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. We may also impose limits on certain features and aspects of the Site or restrict your access to parts or the entire Site without notice or liability.

You agree to use the Site in accordance with the following Code of Conduct:

• You will not use the Site to infringe the privacy rights, property rights, or any other rights of any person.
• You will not use the Site to distribute or up load any virus, Trojan horses or do anything else that might cause harm to the Site, BeatOnMyHeart.com systems or to other members' systems in any way.

The Site contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Site. Information posted by us, our partners or users of the Site may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.

The Site may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.

If you believe that any material or content distributed by BeatOnMyHeart.com constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You understand and agree that you use BeatOnMyHeart.com and its related Sites at your own risk. BeatOnMyHeart.com’s Sites are provided on an "as is" basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law.

BeatOnMyHeart.com does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse any information contained on BeatOnMyHeart.com. Due to the number of sources from which content distributed by BeatOnMyHeart.com is obtained, there maybe delays, omissions or inaccuracies in such content. You acknowledge that use of the Site is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site by BeatOnMyHeart.com, our partners or any user of the Site or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. Your continued use of the Site now, or following the posting of notice of any changes in this agreement, will constitute a binding acceptance by you of this agreement, or any subsequent modifications.

You hereby acknowledge and agree that under no circumstances will BeatOnMyHeart.com, its officers, directors, employees, agents and third party content providers or licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by BeatOnMyHeart.com as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the BeatOnMyHeart.com Site or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the BeatOnMyHeart.com website, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether BeatOnMyHeart.com has been advised of the possibility of such damages.

Some jurisdictions limit the availability of such limitation of liability, in which case the provisions of this section may not apply to you. Notwithstanding the foregoing, in no event shall our liability exceed the sum of $100.00 U.S. dollars.

You hereby agree to indemnify, defend and hold harmless BeatOnMyHeart.com and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. BeatOnMyHeart.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

This Agreement represents the entire agreement between you and BeatOnMyHeart.com regarding the use of our Sites and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of British Columbia, Canada. As a condition of using BeatOnMyHeart.com’s Sites, each user agrees that any and all disputes and causes of action arising out of or connected with BeatOnMyHeart.com, shall be resolved through arbitration, with such arbitration to be held in Vancouver, British Columbia, Canada.

Additionally, except where prohibited by law, as a condition of using BeatOnMyHeart.com Sites, you agree that any and all disputes and causes of action arising out of or connected to our Sites shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of BeatOnMyHeart.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sub licensable without the prior written consent of BeatOnMyHeart.com. BeatOnMyHeart.com may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.