Terms of Service

Please take a moment to review these terms before using our services. 1 - Let’s Define a Few Things 1.1 - How to Read This If you see a word with a capital letter, it’s defined below. These definitions apply no matter if we're talking about one thing or more, so keep that in mind as you read. 1.2 - Here’s What We Mean By Some Key Terms For the purpose of these Terms of Service, the following definitions apply: Account – This is the account you create to access our service, or specific parts of it. Affiliate – This refers to any entity that has control over, is controlled by, or shares control with another party. "Control" means owning 50% or more of shares, equity interest, or other securities that give the power to elect directors or other decision-makers. Application – This is the software you download to your device to access our service. We call it iHeart Marketplace. Buyer – This refers to anyone using our service to place an order for goods. Country – This means Canada. Company (when you see "the Company", "We", "Us", or "Our") – That’s us, iHeart Marketplace, located at [INSERT HERE YOUR COMPANY ADDRESS], [INSERT HERE YOUR COMPANY BUSINESS ID]. Content – This includes any text, images, or other information you post, upload, link to, or share while using our service. Device – Any device you use to access our service, such as a computer, smartphone, or tablet. Feedback – This is any feedback, ideas, or suggestions you send us about how we can improve the features, performance, or overall experience of our service. Good – This refers to the items or services you can buy, rent, auction, contact, or trade through our service in any way. Operator – This is iHeart Marketplace, which you’ll see referred to as "the Operator", "We", "Us", or "Our" in these terms. Order – This is when you request to buy or trade goods on the app or website. Seller – This is anyone using the service to list goods and make them available for trade in any way. Service – This refers to the app or website, or both, depending on how you're using it. Terms of Service (also called "Terms") – These are the full terms that make up the agreement between you and us regarding how you use the service. This document was created with help from TermsFeed and customized by Sharetribe. Third-party Social Media Service – This refers to any third-party services or content (like data, information, products, or services) that we might display or link to through our service. Website – This refers to iHeart Marketplace, which you can access at https://iheartmarketplace.mysharetribe.com/. You – This means the person using or accessing the service, or the company or other legal entity on whose behalf you're using the service. 2 - Contact Us Got questions about these Terms of Service? We're here to help! You can reach us in the following ways: By email: hello@goiheart.com By visiting this page on our website: https://goiheart.com/policies/contact-information 3 - Acknowledgment These Terms of Service govern how you can use our service and form the agreement between you and us. They explain the rights and responsibilities of everyone who accesses or uses the service. By using our service, you’re agreeing to these Terms, and your access is based on your acceptance of and compliance with them. These Terms apply to all visitors, users, and anyone who uses the service in any way. By accessing or using the service, you’re agreeing to be bound by these Terms of Service. If any part of these Terms doesn’t sit right with you, then you won’t be able to use our service. You also confirm that you're of legal age in your country (or the Country, whichever is higher). We don't allow those under the legal age to use the service. Your access to and use of the Service is also based on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy explains how we collect, use, and disclose your personal information when you use the app or website. It also details your privacy rights and how the law protects you. Please take a moment to read through our Privacy Policy before using our service. 4 - Governing Law The laws of the Country (excluding its conflicts of law rules) will govern these Terms and your use of the service. Your use of the app or website may also be subject to other local, state, national, or international laws. 4.1 - For European Union (EU) Users If you’re a consumer in the European Union, you’ll benefit from any mandatory legal provisions of the country where you live. 4.2 - United States Legal Compliance You confirm that: (i) You’re not in a country that’s under a United States government embargo or one that’s been labeled as a "terrorist supporting" country by the U.S. government, and (ii) You’re not listed on any U.S. government list of prohibited or restricted parties. 4.3 - Severability If any part of these Terms is found to be unenforceable or invalid, that part will be modified to achieve the closest possible result according to the law. The rest of the Terms will remain in full effect. 4.4 - Waiver Unless stated otherwise here, if a right is not exercised or an obligation is not enforced under these Terms, it doesn’t affect the ability to exercise that right or enforce that obligation at a later time. Similarly, waiving one breach doesn’t mean waiving any future breaches. 5 - User Accounts 5.1 - Account Creation When you create an account with us, please make sure the information you provide is accurate, complete, and up to date at all times. If the information you provide is incorrect, this could lead to a breach of these Terms and might result in the immediate termination of your account. Also, please don’t use a username that belongs to someone else, is trademarked, or is otherwise offensive, vulgar, or inappropriate. Make sure the name you choose is available for you to use! 5.2 - Account Information To set up and maintain your account, you may be asked to provide certain details, such as your name, email address, phone number, and home address. In some cases, we may ask for additional documentation to verify your identity. If you plan to post goods, you may also need to provide your bank account details and identification documents. If you’re placing an order, we may ask for payment details like your credit card number, expiration date, billing address, and shipping information. 5.3 - Account Review Unless it’s part of a specific feature of our service, we don’t perform background checks or endorse any users. We can’t take responsibility for the accuracy, reliability, or completeness of the information provided by users. 5.4 - Account Password You’re responsible for keeping your password safe and secure. Any activity under your password is your responsibility, whether it’s through our service or a third-party social media service. Please don’t share your password with anyone. If you notice any security issues or unauthorized use of your account, let us know right away. 5.5 - Account Termination We may suspend or terminate your account at any time, without notice or liability, if you breach these Terms of Service or for any other reason. Once your account is terminated, you won’t be able to access the service anymore. If you decide to terminate your account, you can simply stop using the service, delete your account from the service, or reach out to us for assistance. 6 - Content 6.1 - Your Right to Post Content Our service allows you to post content, and you’re responsible for everything you share—including its legality, accuracy, and appropriateness. When you post content to the service, you’re giving us the right to use, modify, display, perform, reproduce, and distribute that content through our service. Don’t worry, you still own your content and have the right to protect it. This license allows us to make your content available to other users, who can use it as long as they follow these Terms. By posting your content, you confirm that: (i) you own the content or have the necessary rights to use it and grant us these rights, and (ii) posting your content doesn’t infringe on anyone else’s privacy rights, copyrights, or any other legal rights. 6.2 - Content Restrictions We want everyone to feel safe and respected when using our service, so we’re not responsible for the content posted by users. You understand and agree that you’re fully responsible for the content you post and all activity under your account—whether it's you or someone else using your account. Please keep in mind, you’re not allowed to share any content that is unlawful, offensive, harmful, or otherwise inappropriate. This includes, but isn’t limited to: Content that promotes unlawful activities. Defamatory, discriminatory, or hurtful content, including anything related to religion, race, sexual orientation, gender, national or ethnic origin, or other groups. Spam, unsolicited advertising, chain letters, or any other form of unwanted solicitation, including lotteries or gambling. Content that contains viruses, worms, malware, or anything designed to harm software, hardware, or telecommunications, or gain unauthorized access to third-party data. Infringement on anyone’s intellectual property rights, including patents, trademarks, copyrights, or privacy rights. Impersonating others, including our company or employees. Violating someone else’s privacy. Spreading false information or fake features. We want to make sure the service is a positive space for everyone, so please be mindful of what you post. The company reserves the right (though not the obligation) to decide, at its discretion, whether any content is appropriate and meets these Terms. We can refuse or remove any content that doesn’t align with our guidelines. Additionally, we may adjust the formatting or appearance of content as needed. If you post content that violates these Terms, we have the right to limit or revoke your use of the service. Since we can’t control every piece of content posted by users or third parties, you agree to use the service at your own risk. We want you to be aware that, by using the service, you may come across content that you find offensive, inappropriate, or incorrect. We aren’t responsible for any content, including any errors, omissions, or any loss or damage that results from your use of any content. 6.3 - Content Backups While we perform regular backups of content, we can’t guarantee that there won’t be any loss or corruption of data. Sometimes, backups can fail due to things like content being corrupted before the backup happens or changing during the backup process. We’ll do our best to provide support and troubleshoot any issues that come up, but you understand that we can’t take responsibility for the integrity of your content or for any failures in restoring content to a usable state. To protect yourself, we strongly recommend keeping a complete and accurate copy of your content in a separate location, outside of the service. 6.4 - Intellectual Property of Others and Copyright Infringement We take intellectual property and copyright seriously. If you misrepresent that content is infringing your copyright, you may be held responsible for any damages, including costs and attorney’s fees. We’re committed to addressing any claims that content posted on the service infringes on someone's copyright or other intellectual property rights. We follow local regulations, including the Digital Millennium Copyright Act (DMCA) and the EU Copyright Directive, to make sure we comply. If you're a copyright owner (or acting on behalf of one), and you believe your copyrighted work has been copied in a way that infringes your rights through the service, please send us a written notice to our copyright agent via email (see section 3 - Contact Us). Be sure to include the following information in your notice: An electronic or physical signature of the person authorized to act on behalf of the copyright owner. A description of the copyrighted work you claim is being infringed, including the URL (web page address) where the copyrighted work can be found or a copy of it. The specific URL or location on the service where the infringing material is located. Your contact details, including your address, phone number, and email address. A statement from you confirming that you genuinely believe the disputed use is not authorized by the copyright owner, their agent, or the law. A statement from you, under penalty of perjury, confirming that the information in your notice is accurate and that you are either the copyright owner or authorized to act on their behalf. Once we receive your notification, we’ll take whatever action we believe is necessary, at our discretion, which may include removing the challenged content from the service. 7 - Orders of Goods By placing an order for goods through the service, you confirm that you are legally capable of entering into binding contracts. 7.1 - Position of the Service in Orders We act as a facilitator between you and the sellers using our service. This means we’re a third party in any order process, which limits our liability in any disputes between you and the sellers. We are not part of any agreement you make with the sellers. Any agreement you enter into with them is separate and doesn’t form part of any agreement between you and us. 7.2 - Your Information as Buyer When placing an order for goods through the service, you may be asked to provide some details related to your order, like your name, email, phone number, credit card info, billing address, and shipping information. You confirm that: (i) you have the legal right to use any credit or debit cards or other payment methods for your order, and (ii) the information you provide is accurate, complete, and true. By submitting this information, you allow us to share it with third-party payment processors to help complete your order. 7.3 - Availability, Errors, and Inaccuracies We and the sellers are always updating the products available on our service. Sometimes, goods may be mispriced, described inaccurately, or unavailable. There might also be delays in updating product information on the service or in our ads on other sites. We and the sellers can’t guarantee that all information, including prices, product details, availability, and services, will always be accurate or complete. We reserve the right to correct errors, inaccuracies, or omissions, and to update information at any time without prior notice. 7.4 - Prices Policy Both we and the sellers have the right to change prices at any time before accepting your order. If prices need to be adjusted after your order is accepted—due to factors like government actions, changes in customs duties, increased shipping costs, higher foreign exchange rates, or anything else beyond our or the seller’s control—we’ll notify you. In such cases, you’ll have the option to cancel your order. 7.5 - Payments You can make payments through the various methods available. We use payment gateways, which have their own terms of service and limitations. If you’re paying by card (credit or debit), please note that payment cards are subject to validation checks and authorization by your card issuer. If we don’t receive the necessary authorization, we’re not liable for any delays or issues with the delivery of your order. 7.6 - Service Fees We may charge you fees (plus any applicable taxes) for using the service. You’ll see when these fees apply and how they’re calculated during the ordering process. We also reserve the right to change these service fees at any time. 7.7 - Order Modification You and the sellers are responsible for any modifications made to your order through the service. If you modify an order, you agree to pay any extra amounts, fees, or taxes that come with the change. 7.8 - Order Cancellation 7.8.1 - Our Order Cancellation Rights We reserve the right to refuse or cancel your order at any time for reasons such as, but not limited to: Availability of goods Errors in product descriptions or pricing Errors in your order Mistakes made by the seller We also reserve the right to cancel your order if we suspect fraud or any unauthorized or illegal transactions. 7.8.2 - Order Cancellation by Buyers If you, as a buyer, cancel an order, the amount you paid (including service fees) will not be refunded. If something beyond your control requires you to cancel an order, or if you feel you’re entitled to a refund, please reach out to us. 7.8.3 - Order Cancellation by Sellers If you, as a seller, cancel an order, the amount the buyer paid (including service fees) will be refunded to the buyer, and will not be transferred to you. If something beyond your control causes you to cancel an order, or if you believe you’re entitled to a refund, please contact us. 7.9 - Order Dispute If a buyer or seller has an issue or dispute with an order, please let us know. We’ll review the situation and resolve the dispute at our discretion. 8 - Disclaimer of Warranties and Limitation of Liability 8.1 - Limitation of Liability Even if you experience damages, the total liability of the company or operator and its suppliers, under any part of these terms, will be limited to the amount you’ve actually paid through the service, or 100 USD (or the equivalent in the local currency) if you haven’t made any purchases through the service. To the fullest extent allowed by law, we, our suppliers, or anyone else involved, will not be liable for any special, incidental, indirect, or consequential damages, including but not limited to loss of profits, data, business interruptions, personal injury, or loss of privacy, whether related to the use or inability to use the service, third-party software, third-party hardware, or any other aspect of these terms—even if we’ve been told such damages were possible, and even if the remedy doesn’t fully resolve the issue. Some places may not allow certain limitations, like limiting liability for incidental or consequential damages, so in those cases, our liability will be as limited as possible according to the law. 8.2 - "AS IS" and "AS AVAILABLE" Disclaimer The service is provided to you "as is" and "as available," with all faults and defects, and without any kind of warranty. To the fullest extent allowed by law, the company or operator, along with its affiliates, licensors, and service providers, expressly disclaims all warranties—whether express, implied, statutory, or otherwise—related to the service, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties that may arise from dealing, performance, usage, or trade practice. In simple terms, we don’t guarantee that the service will meet your needs, achieve any specific results, be compatible with other software or services, run without interruption, or be error-free. We also don’t promise that any issues will be corrected. Additionally, neither the company nor the operator, nor any of our providers, makes any representations or warranties about the service, including: (i) its operation or availability, or the accuracy, reliability, or content provided through it; (ii) whether the service will be uninterrupted or free of errors; (iii) the accuracy or up-to-date nature of the information provided through the service; (iv) or whether the service, its servers, the content, or any emails sent from us are free of viruses, malware, or other harmful components. Some places don’t allow certain warranties to be excluded or limitations to be placed on consumer rights, so some of the exclusions and limitations mentioned above may not apply to you. In those cases, the exclusions and limitations in this section will apply as much as possible, based on what’s allowed by law. 8.3 - Links to Other Websites Our service may contain links to third-party websites or services that we don’t own or control. We’re not responsible for, and we don’t control, the content, privacy policies, or practices of any third-party websites or services. You also agree that we aren’t liable—either directly or indirectly—for any damage or loss caused by, or that’s allegedly caused by, using or relying on any content, goods, or services from those sites or services. We recommend that you take a look at the terms of service and privacy policies of any third-party websites or services you visit. 8.4 - Translation Interpretation If we’ve made these Terms of Service available to you in a different language, please note that they may have been translated. In case of any dispute, the original English version will prevail. 9 - Disputes Resolution about the Service If you have any concerns or issues with the service, we ask that you first try to resolve the dispute informally by reaching out to us. We’re here to help and want to work with you to find a solution. 10 - Intellectual Property of the Service The service, along with its original content (excluding content provided by you or other users), features, and functionality, is and will remain the exclusive property of the company or operator and its licensors. The service is protected by copyright, trademark, and other laws both in the country and internationally. Our trademarks and trade dress cannot be used in connection with any product or service without our prior written consent. Here’s the section rewritten in a warm, grounded, and inviting tone while keeping the legal details intact: 11 - Your Feedback to Us By providing feedback to us, you give us all rights, title, and interest in that feedback. If for any reason this assignment isn’t effective, you agree to give us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sub-license, distribute, modify, and otherwise use your feedback without any restrictions. 12 - Changes to these Terms of Service We reserve the right to modify or replace these Terms at any time, at our discretion. If the changes are significant, we’ll do our best to notify you at least 30 days before the new terms take effect. What counts as a “material change” will be determined solely by us. By continuing to access or use our service after the revisions are in effect, you agree to be bound by the updated terms. If you don’t agree with the new terms, either fully or partially, please stop using the app, website, and service