1. 1. Services and
Support
1.1 The Services
are provided subject to the following terms and conditions and any operating
policies that HeartlandMalls may establish (the "Agreement"). HeartlandMalls
may make changes to this Agreement, and continued use of the Service
constitutes Customer's acceptance of any such changes. In addition, when using
particular HeartlandMalls services, Customer and HeartlandMalls shall be subject to any
posted guidelines or rules applicable to such Services that may be posted from
time to time.
1.2 The Services
are available only to persons who can form legally binding contracts under
applicable law. Without limiting the foregoing, the Services are not available
to individuals under the age of 18. If you do not qualify, please do not use
the Services.
1.3 The Services
provides a collection of tools and resources to manage an online store, process
orders and sell products online.
1.4 Customer must
complete a registration form in order to use the Services. Customer will
provide true, accurate, current, and complete information about Customer as
requested in the registration form, and will update the information to keep it
current. As part of the registration process, Customer will identify an e-mail
address and password for Customer's HeartlandMalls account. Customer is responsible
for maintaining the security of the Customer account, passwords, and files, and
for all uses of Customer's account and of the Services in Customer's name.
HeartlandMalls reserves the right to refuse registration of, or cancel, accounts it
deems inappropriate.
2. 2. Restrictions and
Responsibilities
2.1 This is an
Agreement for Services, and Customer is not granted a license to any software
by this Agreement. Customer will not, directly or indirectly: reverse engineer,
decompile, disassemble, or otherwise attempt to discover the source code,
object code, or underlying structure, ideas, or algorithms of the Services or
any software, documentation, or data related to the Services
("Software"); modify, translate, or create derivative works based on
the Services or any Software; or copy (except for archival purposes),
distribute, pledge, assign, or otherwise transfer or encumber rights to the
Services or any Software; use the Services or any Software for timesharing or
service bureau purposes or otherwise for the benefit of a third party; or
remove any proprietary notices or labels.
2.2 Customer
represents, covenants, and warrants that Customer will use the Services only in
compliance with HeartlandMalls's privacy policies as published below or otherwise
furnished to Customer (the "Policy") and all applicable laws
(including but not limited to policies and laws related to spamming, privacy,
obscenity, or defamation). Customer may not access or otherwise use third party
mailing lists in connection with preparing or distributing unsolicited e-mail
to any third party. Customer hereby agrees to indemnify and hold harmless
HeartlandMalls against any damages, losses, liabilities, settlements, and expenses
(including without limitation costs and reasonable attorneys fees) in
connection with any claim or action that arises from an alleged violation of
the foregoing. Although HeartlandMalls has no obligation to monitor the content
provided by Customer or Customer's use of the Services, HeartlandMalls may do so and
may remove any such content or prohibit any use of the Services it believes may
be (or alleged to be) in violation of the foregoing.
2.3 For every
e-mail message sent in connection with the Services, Customer acknowledges and
agrees that the recipient has agreed to receive such communication and that
Customer shall not engage in the act of sending unsolicited emails.
2.4 In using the
varied features of the Services, Customer may provide information (such as
name, contact information, or other registration information) to HeartlandMalls.
HeartlandMalls may use this information and any technical information about
Customer's use of this web site to tailor its presentations to Customer,
facilitate Customer's movement through this web site, or communicate separately
with Customer. HeartlandMalls will not provide information to companies Customer has
not authorized, and HeartlandMalls will not permit the companies that get such
information to sell and redistribute it without Customer's prior consent.
3. 3. Termination
3.1 Customer may
terminate this Agreement at any time by sending an e-mail message to
support@HeartlandMalls.com or by sending written notice to HeartlandMalls at #01
3.2 HeartlandMalls may
terminate this Agreement or the Services at any time with or without cause, and
with or without notice. HeartlandMalls shall have no liability to Customer or any
third party because of such termination.
3.3 Upon termination
for any reason, HeartlandMalls may delete any Customer archived data within 30 days
after the date of termination. All sections of this Agreement which by their
nature should survive termination will survive termination, including, without
limitation, warranty disclaimers and limitations of liability.
3.4 If Customer
does not log into its account for more than 90 days, the account may become
inactive. When an account is classified (at HeartlandMalls's sole discretion) as
inactive, HeartlandMalls will notify Customer by e-mail. INACTIVE ACCOUNTS HAVE 30
DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SIGNUP CAMPAIGN
RESULTS,MAY BE PERMANENTLY REMOVED FROM THE DATABASE.
4. 4. Warranty
Disclaimer
CUSTOMER USES THE
SERVICES AT ITS OWN RISK. HeartlandMalls DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED
"AS IS" AND HeartlandMalls DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
5. 5. Limitation of
Liability
NOTWITHSTANDING
ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR
TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY HeartlandMalls, HeartlandMalls AND ITS
SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS),
OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING
FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF HeartlandMalls HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. 6. Export of
Services or Technical Data
Customer may not
remove or export from
7. 7. Miscellaneous
7.1 If any
provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect and enforceable.
7.2 Both parties
agree that this Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written
and oral agreements, communications, and other understandings relating to the
subject matter of this Agreement, and that all waivers and modifications must
be in a writing signed by both parties, except as otherwise provided herein.
7.3 No agency,
partnership, joint venture, or employment is created as a result of this
Agreement, and Customer does not have any authority of any kind to bind
HeartlandMalls in any respect whatsoever.
7.4 In any action
or proceeding to enforce rights under this Agreement, the prevailing party will
be entitled to recover its costs and attorneys fees.
7.5 This Agreement
shall be governed by the laws of the State of
7.6 We reserve the
right to modify our pricing and we will notify you by email when this occurs.
8. 8. Payment and
Renewal of Service
8.1 Term of
Service. The term of Customer's subscription to the Services commences upon
Customer's acceptance of these Terms and terminates as set forth above.
8.2 Payment.
Customer agrees to pay all applicable fees for Services in effect at the time
of registration and/or renewal, subject to these Terms as same may be modified
by HeartlandMalls from time to time.
8.3 Automatic
Renewal of Account and/or Domain. As a courtesy and not as an obligation
(contractual or otherwise), fourteen (14) days prior to the expiration of
Customer's hosting account, HeartlandMalls will automatically renew Customer's
hosting account, for the same duration initially selected, at the then-current,
non-promotional rate, by charging the applicable fee to Customer's
originally-selected method of payment. Likewise, as a courtesy and not as an
obligation (contractual or otherwise), fourteen (14) days prior to the
expiration of Customer's domain, if registered with HeartlandMalls (or one of its
Affiliates), or if transferred to and registered with HeartlandMalls (or one of its
Affiliates), HeartlandMalls will automatically renew Customer's domain, for the same
duration initially selected, at the then-current, non-promotional rate, by
charging the applicable fee to Customer's originally-selected method of
payment.
Customer
acknowledges and confirms that the obligation to renew her/his/its account or
domain is solely and exclusively the responsibility of the Customer, and is not
the obligation (contractual or otherwise) of HeartlandMalls. While consenting to
HeartlandMalls's performance of said courtesy, Customer hereby releases HeartlandMalls
from all liability for its failure for any reason to renew said account or said
domain. Customer acknowledges that there may be many reasons why HeartlandMalls is
unable to renew said account or domain, including but not limited to inability
of HeartlandMalls, for any reason, to bill said renewal to Customer's credit card,
to contact or otherwise get response from Customer at last known email address,
or otherwise. Customer acknowledges that said account and/or domain, if not
renewed, for whatever reason, will expire on the account or domain expiration
date, as applicable.
8.4 Cancellation of
Automatic Renewal of Account or Domain. To cancel Automatic Account Renewal or
Automatic Domain Renewal, Customer must notify HeartlandMalls of Customer's intent
to cancel at least sixteen (16) days prior to the account or domain expiration
date, by directing Automatic Account Renewal Cancellation Notification and/or
Automatic Domain Renewal Cancellation Notification to HeartlandMalls, as applicable,
by sending same via email to support@HeartlandMalls.com. HeartlandMalls agrees that
on receipt of Automatic Account Renewal Cancellation Notification and/or
Automatic Domain Renewal Cancellation Notification under the conditions stated
above, no additional charges will be billed to Customer, and Customer's hosting
account and/or domain, as applicable, shall expire on the account expiration
date.
8.5 Cancellations
and Refunds. HeartlandMalls does not provide a money back guarantee for new account
registrations under any circumstances.
8.6 Prohibited
Offerings. No Customer may utilize the Services to provide, sell or offer to
sell the following: replica or products; controlled substances; illegal drugs
and drug contraband; weapons; pirated materials; instructions on making, assembling
or obtaining illegal goods or weapons to attack others; information used to
violate the copyright(s) of, violate the trademark(s) of or to destroy others'
intellectual property or information; information used to illegally harm any
people or animals; pornography, nudity, sexual products, programs or services;
escort services or other content deemed adult related.
8.7 Profanity.
Profanity or profane subject matter in the site content and in the domain name
are prohibited.
8.8 Private
Information and Images. Customers may not post or disclose any personal or
private information about or images of children or any third party without the
consent of said party (or a parent's consent in the case of a minor).
8.9 Violations of
Intellectual Property Rights. Any violation of any person's or entity's
intellectual property rights, rights of privacy, rights of publicity or other
personal rights is prohibited. HeartlandMalls is required by law to remove or block
access to content appearing on or through the Services upon receipt of proper
notice of copyright infringement (see "Copyright Infringement Notice
Information" below).
8.10
Misrepresentation of Transmission Information. Forging, misrepresenting,
omitting, or deleting message headers, return mailing information and/or
Internet protocol addresses to conceal or misidentify the origin of a message
is prohibited.
8.11 Viruses and
Other Destructive Activities. Use of the Services for creating or sending
Internet viruses, worms or Trojan horses, or for pinging, flooding or mail
bombing, or engaging in denial of service attacks is prohibited. It is also
prohibited for any Customer to engage in other activity that is intended to
disrupt or interfere with, or that results in the disruption of or interference
with, the ability of others to effectively use the Services (or any connected
network, system, service or equipment) or conduct their business over the
Internet.
8.12 Hacking.
"Hacking" and related activities are prohibited. "Hacking"
includes, but is not limited to, the following activities: illegally or without
authorization, accessing computers, accounts or networks, penetrating or
attempting to penetrate security measures, port scans, stealth scans, and other
activities designed to assist in hacking.
8.13 Anonymous Proxies.
HeartlandMalls does not allow the use of anonymous proxy scripts on its servers.
They can be very abusive to the server resources, affecting all users on that
server.
8.14 Export Control
Violations. The exportation of encryption software outside of
8.15 Child
Pornography. The use of the Services to store, post, display, transmit, sell,
advertise or otherwise make available child pornography is prohibited.
HeartlandMalls is required by law to, and will, notify law enforcement agencies when
it becomes aware of the presence of child pornography on, or being transmitted
through, the Services.
8.16 Other Illegal
Activities. The use of the Services to engage in any activity that is
determined by HeartlandMalls, in its sole and absolute discretion, to be illegal is
prohibited. Such illegal activities include, but are not limited to, storing,
posting, displaying, transmitting, selling or otherwise making available ponzi
or pyramid schemes, fraudulently charging credit cards or displaying credit
card information of third parties without their consent, and failure to comply
with applicable on-line privacy laws. HeartlandMalls will cooperate fully with
appropriate law enforcement agencies in connection with any and all illegal
activities occurring on or through the Services.
8.17 Backup
Storage. HeartlandMalls offers its Services to host ecommerce web sites, not to
store data. Using an account as an online storage space for archiving
electronic files is prohibited and will result in termination of services
without prior notice.
8.18 Other
Activities. Engaging in any activity that, in HeartlandMalls's sole and absolute
discretion, disrupts, interferes with or is harmful to (or threatens to
disrupt, interfere with, or be harmful to) the Services, HeartlandMalls's business,
operations, reputation, goodwill, Customers and/or Customer relations, or the
ability of HeartlandMalls's Customers to effectively use the Services is prohibited.
Such prohibited activities include making available any program, product or
service that is designed to or could be used to violate these Terms. In
addition, the failure of Customer to cooperate with HeartlandMalls in correcting or
preventing violations of these Terms by, or that result from the activity of, a
customer, patron, subscriber, invitee, visitor, or guest of the Customer
constitutes a violation of these Terms by Customer.
8.19 COPYRIGHT
NOTICE INFRINGEMENT INFORMATION. In accordance with the Digital Millennium
Copyright Act, HeartlandMalls has adopted a policy that provides for termination of
websites hosted by HeartlandMalls that are found to infringe on copyrights of third
parties. If a copyright holder believes that there has been a violation of his
or her copyright on a website that is hosted by HeartlandMalls or an HeartlandMalls
subsidiary, and the copyright holder wants HeartlandMalls to remove the website or
disable the material in question, HeartlandMalls will remove the website or disable
the material if the copyright holder provides us with all of the following
information.
A signature of a
person authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed. Identification of the copyrighted work that is claimed is
being infringed, or, in the case of claimed infringement of multiple
copyrighted works, a representative list of such works.
Identification of
the material that is claimed to be infringing or is the subject of infringing
activity and that should be removed or access to which should be disabled, with
information reasonably sufficient to permit us to locate the material.
Information
reasonably sufficient to permit us to contact the person giving the
notification, such as an address and telephone, and, if available, an electronic
mail address at which such person may be contacted.
A statement that
the person giving the notification has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law.
A statement that
the information in the notification is accurate, and under penalty of perjury,
that the person giving the notification is authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed.
8.20 Backups. For
its own operational efficiencies and purposes, HeartlandMalls from time to time
backs up data on its servers, but is under no obligation or duty to Customer to
do so under these Terms. IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO
BACKUP CUSTOMER'S FILES AND DATA ON HeartlandMalls SERVERS, AND under no
circumstance will HeartlandMalls be liable to anyone FOR DAMAGES OF ANY KIND under
any legal theory for loss of Customer's FILES AND/or data on any HeartlandMalls
server.
8.21 Governing
8.22 Warranty
Disclaimer. YOU, THE CUSTOMER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE
ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND.
HeartlandMalls HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE
QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH
RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR
AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND
SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
THE SERVICES AND
SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY HeartlandMalls OR
HeartlandMalls'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT
REPRESENTATIVES, SHALL CREATE A WARRANTY. HeartlandMalls DISCLAIMS ALL WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION,
WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. HeartlandMalls DOES NOT
GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF
THEIR CHOOSING. HeartlandMalls DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE
WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS,
REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY
SERVICE OR HeartlandMalls IN PARTICULAR.
8.23 Limitations on
HeartlandMalls's Liability. HeartlandMalls SHALL NOT BE LIABLE FOR NONPERFORMANCE OR
DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS
CONTROL. IN NO EVENT SHALL HeartlandMalls BE LIABLE UNDER CONTRACT, NEGLIGENCE,
TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND
OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT HeartlandMalls HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. HeartlandMalls SHALL NOT BE
LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
HeartlandMalls'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO
ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER'S
8.24
Indemnification of HeartlandMalls. You, the Customer, agree to defend, indemnify and
hold HeartlandMalls, its affiliates and its sponsors, partners, other co-branders
and the respective directors, officers and employees of each harmless from and
against any and all claims, losses, damages, liabilities and costs (including,
without limitation, reasonable attorneys' fees and court costs) arising out of
or relating to your breach of any of these Terms or use by you or any third
party of the Services, except to the extent the foregoing directly result from
HeartlandMalls's own gross negligence or willful misconduct. HeartlandMalls reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, the Customer.
Privacy
Policy
This is the web
site of HeartlandMalls.
Our postal address
is:
HeartlandMalls International Pte Ltd
1 Fullerton Road #02-01
One
We can be reached via e-mail at sales@HeartlandMalls.com or you can
reach us by telephone at
Telephone Numbers: 6832-5183, 6618-0588, 6492-3916 and 6492-2918
Telephone Number:
Europe (
+33-176633264
Telephone Number:63-75-614-2388
For each visitor to
our web page, our web server automatically recognizes no information regarding
the domain or e-mail address. We collect the e-mail addresses of those who
communicate with us via e-mail. The information we collect is used for internal
review and is then discarded. We use cookies to and allow Big Commerce
customers to login to their account.
If you do not want
to receive e-mail from us in the future, please let us know by sending us
e-mail at the above address. If you supply us with your postal address on-line
you will only receive the information for which you provided us your address.
Persons who supply us with their telephone numbers on-line will only receive
telephone contact from us with information regarding orders they have placed
on-line.
We do not partner
with or have special relationships with any ad server companies. Upon request
we provide site visitors with access to all information [including proprietary
information] that we maintain about them.
We have appropriate
security measures in place in our physical facilities to protect against the
loss, misuse or alteration of information that we have collected from you at
our site.
If you feel that
this site is not following its stated information policy, you may contact us at
the above addresses or phone number.
IF YOU, FOR
YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT
TO HeartlandMalls SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST,
FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION
PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A
MEMBER, CANCEL YOUR ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING
THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS
AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY
BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
All trademarks and registered trademarks are the property of their respective owners.
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