This is a legal agreement ("Agreement") between you and Brown Hearts Please read the Agreement carefully before registering for the Our site service. By registering for Our site.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, you are not permitted to use the Our site.com service.
The Terms are subject to change by Brown Hearts at any time, without notice, effective upon posting of a link to same on our website (www.Our site.com). Minors (under 18 years old) may not become members. When you register, and from time to time thereafter, Brown Hearts will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old.
Either you or Brown Hearts may terminate your Our site.com membership at anytime, for any reason, effective upon sending written notice to the other party. Brown Hearts reserves the right to immediately suspend or terminate your access to the Our site.com service, without notice, upon any breach of this Agreement by you which is brought to Brown Hearts's attention.
Your membership in the Our site.com service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Our site.com service, or transmit to other Our site.com Members.
There is no tolerance for objectionable content. You will NOT post on the Our site.com service, or transmit to other Our site.com members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the Our site.com service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URL's, E-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. Brown Hearts reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Our site.com members.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other Our site.com members. Brown Hearts reserves the right, but has no obligation, to monitor disputes between you and other members. Any infraction may lead to legal remedy on behalf of Brown Hearts
Indemnity by Member
You will defend, indemnify, and hold harmless Brown Hearts, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Our site.com Service, including, but not limited to, any breach by you of the terms of this Agreement.
Opinions, advice, statements, offers, or other information or content made available through the Our site.com service are those of their respective authors and not of Brown Hearts, and should not necessarily be relied upon. Such authors are solely responsible for such content. Brown Hearts does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Brown Hearts be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Our site.com Service, or transmitted to Our site.com members.
WARNING - PLEASE READ: It is possible that other Our site.com members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Our site.com Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Brown Hearts is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Our site.com service or release to others.
Brown Hearts reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Our site.com Service. Brown Hearts shall have the right to remove any such material that violates, or is alleged to violate, the law, or this Agreement. Notwithstanding this right of Brown Hearts, you remain solely responsible for the content of the materials you post in the public areas of the Service and your private email messages. Emails sent between you and other Our site.com members that are not readily accessible to the general public will be treated as private by Brown Hearts to the extent required by applicable law.
Removal of Information
While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the code of conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may transmit or record to the Service or send to the users of the Service.
Brown Hearts owns and retains other proprietary rights in the Our site.com Service. The Service contains the copyrighted material, trademarks, and other proprietary information of Brown Hearts and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of Our site.com, you automatically grant, and you represent and warrant that you have the right to grant, to Brown Hearts and other Our site.com members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Information Supplied by Member
Mobile Fees and Payments
Any questions or disputes regarding billing, fees or payments should be addressed to your third party mobile phone service provider.
Disclaimer of Warranty
Brown Hearts provides the Our site.com Service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in connection with the Service or in connection with any communication with Brown Hearts or its representatives, or otherwise with respect to the Service. Brown Hearts specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Brown Hearts does not warrant that your use of the Our site.com service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. Brown Hearts disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range, or any interruption in telephone service.
Limitation of Liability
In no event will Brown Hearts be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, lost profits, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Our site.com Service, even if Brown Hearts or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, Our site.com, Inc'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 Brown Hearts for the Service during the term of membership.
In addition, Brown Hearts disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or "hackers") of the Our site.com Service.
State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You agree that Florida law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Florida, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of Florida in connection with the Service or this Agreement. This Agreement, accepted upon registering for the Our site.com Service, contains the entire agreement between you and Brown Hearts regarding the use of the Service. This Agreement may only be amended upon notice by Brown Hearts to you, or by a writing signed by you and an authorized official of Brown Hearts Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Our site.com will issue a refund within 72 hours of an initial subscription provided that none of the Services have been utilized. Beyond these conditions, requests for refunds will be at the sole discretion of Our site.com and will be reviewed on a member to member basis.
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that he or she has used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.
1. Brown Hearts Members And Visitors
What information does Brown Hearts collect if I decide to join the Brown Hearts social dating community?
Complete our online registration form, where we ask you to provide us with information about you such as your name, your email address, your gender, your date of birth, your location details. You also have the opportunity to provide other details about yourself, but these are optional. Because you control your user profile, these details are available to you at any time by accessing your “Profile” page, which gives you the chance to correct or update (other than gender and email address) your information at any time by just logging in to Brown Hearts.
Once you have created a Profile, we will automatically track certain information such as your IP and email addresses.
For safety and security and to ensure you have the best possible user experience, we require users to verify their accounts (because we want to make sure you are not a robot!) and might ask for your phone number. Don’t worry! This is only to make sure you are real and breathing!
What information does Brown Hearts collect about me if I’m under 18?
You can only become a member of Brown Hearts if your aged 18 or over or the age of majority in the country in which you reside if that happens to be greater than 18. That means Brown Hearts does not knowingly collect any information about children, minors or anyone under the age of majority. Nor do we knowingly market to children, minors or anyone under the age of 18. If you are less than 18 years old, we request that you do not submit information to us. If we become aware that a child, minor or anyone under the age of 18 has registered with us and provided us with personal information, we will take steps to terminate that person’s registration and delete their Profile information from Brown Hearts. If we do delete a Profile because you violated our no children rules, we may retain your email and IP address to ensure that you do not try to get around our rules by creating a new Profile.
Does Brown Hearts collect my personal information if I am not a member and just visit the site?
No. We don’t collect any personal information about visitors to our site. If you do visit us without becoming a member, we will place session ID cookies on your computer. For more information about cookies generally, look at the answer to “How does Brown Hearts collect information about me?” below.
If I put other information about me on the site, what does Brown Hearts do with it?
Brown Hearts is designed to make it easy for you to find, connect and interact with other members of Brown Hearts by posting information about yourself. When using the App you should assume that anything you post or submit will be publicly viewable and accessible, both by Users of the App and non-Users of the App. For example, to make it easier to find other Brown Heartsers and connect with them, we have allowed you to share other users' profiles on Facebook. This feature can be turned off in your settings at any time. You can also use our electronic messaging system, which allows you to communicate with other users. We recommend and encourage you (and all our members) to think carefully about the information they disclose about themselves. We also do not recommend that you put email addresses, URLs, instant messaging details, phone numbers, full names or addresses, credit card details, national identity numbers, drivers’ licence details and other sensitive information in your Profile which is open to abuse and misuse.
Please be careful about posting sensitive details about yourself on you Profile such as your religious denomination and health details. While you may voluntarily provide this information to us when you create your Profile, including your sexual preferences and ethnic background, there is no requirement to do so. Please remember that photographs or any video clips that you post on Brown Hearts may reveal these kinds of sensitive personal data. Where you do upload and choose to tell us sensitive information about yourself, you are explicitly consenting to our processing your information and making this public to other users.
When you post information about yourself or use the messaging, the amount of personal information you share is at your own risk.
What does Brown Hearts collect about me if I use the mobile app?
Brown Hearts offers you the opportunity to stay in touch with the friends and contacts you’ve made no matter where you are. You can do this by using your mobile phone or by downloading an application to your desktop that allows you to share your location with other users.
When you use your mobile or the desktop application, we will collect information about WiFi access points as well as other location information about your longitude and latitude. That information helps us identify your physical location so that it can be displayed and shared with other members choosing to view “nearby” posts.
If you do not want your location to be known, then please do not download the desktop application or use your mobile device when you are on Brown Hearts.
What’s collected from me if I use Brown Hearts’s premium services?
When you take advantage of Brown Hearts’s premium features, we collect financial information necessary to process your payments as per your chosen payment method. Please note that we do not store any credit card or other payment card details. However, our payment service providers do (and are approved to do so by all applicable regulatory bodies).
When you access Brown Hearts or play our games we collect certain technical information about your computer system or mobile device and statistical data about how you play our games. We use this information to improve our site and our games, so that you can increase your fun.
Can Brown Hearts collect information about me from other sites I use, such as Facebook?
If you have registered on one of our partner websites, such as Facebook, your Profile will be available to all users of the Brown Hearts social network whether via our site or our partners’ websites.
Remember that when you register with a Brown Hearts partner, you are also giving them personal information, so we recommend that you read their privacy policies as Brown Hearts does not control how they use their information.
If you have have registered on one of our partner websites, such as Facebook, or you have verified your account via a partner website, we may connect your Brown Hearts profile with your profile on such partner website. We may do this by way of new products and applications which we introduce from time to time, including new products powered by our group companies.
If you have verified your account through a partner website and do not want to link your Brown Hearts profile to your profile on the partner website, please go to the “Verifications” section on your profile page and click “forget this account”.
If you have created a Brown Hearts profile through a partner website and you do not want to link your Brown Hearts profile to your profile on the partner website, Brown Hearts cannot amend these settings. Please visit the application settings on your partner website profile and follow the instructions to remove the Brown Hearts access permissions.
Does Brown Hearts collect any other personal information about me?
If you contact our Customer Support team via firstname.lastname@example.org, we will receive your email address, and may track your IP address as well as the information you send to us to help resolve your query. We will keep records of our communications with you, including any complaints that we receive from you about other users (and from other users about you).
Will Brown Hearts contact me?
On your “Settings” page Brown Hearts offers you the opportunity to receive emails from us about new message notifications or other purposes related to the use of the website.
Does Brown Hearts use my personal information for any other purpose?
We may use material that you post on the open access areas of Brown Hearts in advertising and promotional materials on our partner sites and partner products. We believe these uses allow us to improve our site and better tailor your online experience to meet your needs.
What are 'cookies' and what 'cookies' does Brown Hearts use?
We collect information by placing cookies on your computer or mobile. A cookie is a piece of text stored on your computer or mobile by your web browser. They are basically a tool that stores information about website visits, recognises you and your preferences each time you visit Brown Hearts, and ensures site functionality and enables us to provide the services our members request.
When you visit the publicly available sections of Brown Hearts, a session ID cookie is placed on your computer that only lasts while you’re visiting. We also place persistent cookies (also known an local storage devices) on members’ computers, so that Brown Hearts remembers them and makes their login experience faster and easier. We may use persistent tracking cookies on your mobile device, mainly for security protection purposes, such as to prevent phishers, scammers, unauthorised log in attempts, and to help you access your hacked account. We do not use any information whilst you are logged off.
You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access the features that Brown Hearts offers.
If you would like to know more about cookies, including flash cookies/local storage devices, the following websites provide useful information:
For a video about cookies visit www.google.co.uk/goodtoknow/data-on-the-web/cookies
2. Friends and other Brown Hearts users
When I put information about myself on Brown Hearts, what do the other users see?
To ensure you get to meet as many people as possible on Brown Hearts, other members get to see your user name and any information you post on your Profile, including photos if you select the 'Any users' access setting. Any information you choose to provide should reflect how much you want other Brown Hearts members to know about you. You can also choose to limit the information that other users see by adjusting your privacy settings in the “Settings” page.
What am I allowed to do with other user’s personal information?
Use it to meet new friends and make new contacts! Beware that you may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Brown Hearts reserves the right to terminate the accounts of those who misuse other users' information.
What information does Brown Hearts collect about my friends and contacts?
You can choose to invite your friends to join Brown Hearts to make sure that they also get the benefits of meeting new people. To make it easier to search and find friends and acquaintances on Brown Hearts, users may search for other members by email address. If you want to invite your friends and contacts to Brown Hearts, we will send an email invitation from Brown Hearts in your name or you can send an SMS (if you use our Android or iPhone app) to your friends and contacts encouraging them to sign up to Brown Hearts. If any of the individuals you have invited do not register within a few days, Brown Hearts may occasionally send reminder emails on your behalf to those individuals. You can choose to invite all your friends or only a select few by simply unticking the names of those friends you do not wish to invite, but please remember you must not invite any children to join. You are responsible for ensuring that your friend has agreed to receiving a Brown Hearts invite.
When you import your contacts, we store their name and email address or their mobile number so that we can automatically connect you and your friend. Brown Hearts does not sell these email addresses or mobile numbers or use them to send any other communication besides email invitations. The friend may contact Brown Hearts to request the removal of their information from our database by clicking Contact us. Any such request will only apply to addresses or mobile numbers we have at the time of the request and not to any addresses that the member/user provides to us later.
3. Third parties
Does Brown Hearts sell my information to other parties?
Not at all. We do not sell or rent out any personal information about you to any third party. Brown Hearts discloses aggregated non-personal data for marketing and promotional purposes. That means we do not disclose any information that could be used to identify you.
Does Brown Hearts disclose my information to other parties?
We may share aggregated information with such parties as Foursquare that includes your personal information (but which doesn’t identify you directly), together with other information including log data with third parties for industry analysis and demographic profiling and to deliver targeted advertising about other products and services.
In particular, in relation to targeted advertising, we use third-party advertising companies to serve ads when you visit our Website. These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Brown Hearts also wishes to maintain a healthy community, and we will cooperate with all law enforcement inquiries and with all third parties to enforce their intellectual property or other rights. We may also disclose your personal information to government or law enforcement agencies, or private parties, as required by law when/or, in our sole discretion, we believe that disclosure is necessary to protect our legal rights, or those of third parties and/or to comply with a judicial proceeding, court order, or legal process served on us.
In the event that Brown Hearts or any of its affiliates undergoes a business transition or change of ownership, such as a merger, acquisition by another company, re-organisation, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal information.
4. Data storage
Where is my personal information kept?
Brown Hearts is a global website operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Brown Hearts, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
How does Brown Hearts protect my personal information?
Brown Hearts has implemented reasonable and appropriate security measures to protect and prevent the loss, misuse, and alteration of the information under our control, including your personal information. Brown Hearts uses reasonable security measures to safeguard the confidentiality of your personal information such as secured servers using firewalls. Our technical experts at Brown Hearts work hard to ensure your secure use of our site.
While we take reasonable precautions against possible security breaches of our website, member database and records no website or Internet transmission is completely secure and we cannot guarantee that unauthorised access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your password) and to log out of your account after use.
We cannot guarantee the security of your personal data while it is being transmitted to our site and any transmission is at your own risk. Once we have received your information we have procedures and security features in place to try to prevent unauthorised access.
How do I help keep my information secure?
You may not disclose your password to any third parties or share it with any third parties. If you lose your password or give it out, your personal information may be compromised. You must change your password immediately via your “Settings” page. Brown Hearts cannot be held responsible for your failure to keep your password secure.
6. Your rights
How do I change my Profile?
You can review and revise your profile information at any time. Once you register, you will be able to review and change much of your personal information including:
Your contact email address;
Your profile, photographs, and videos;
Your city, region, and country of residence;
Please promptly update your information if it changes by signing-in to your account and following the screen prompts. We strongly urge you to periodically change your password to help reduce the risk of unauthorized access to your account information.
Users in certain jurisdictions are, in accordance with applicable law, entitled to exercise a right of access to personal information about themselves by asking for a copy of the information we hold about them (for which, where allowed by law, we may charge a small fee).
Can I deactivate or delete my Profile?
Users of the Brown Hearts network have the following choices to delete their profile from our database:
Send a message via email@example.com
Sign in with your password and delete your profile. These options are available from your “Settings” page.
Warning: Even after you remove information from your profile or delete your account, copies of that information may still be viewable and/or accessed on the Internet to the extent such information has been previously shared with others, or copied or stored by other users or to the extent such information has been shared with search engines. We cannot control this, nor do we accept any liability for this. If you have given third party applications or websites access to your personal information they may retain such information to the extent permitted under their terms of service or privacy policies.
What happens if I do nothing?
If you have not signed in to Brown Hearts for three months, we may remove your Profile as part of our data cleansing process.
Your Brown Hearts account is non-transferable and any rights to your profile or contents within your account will be cancelled upon your death.