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Terms and Conditions

1. Parties

The following terms of use (“Terms of Use”) and privacy policy (“Privacy Policy”), as well as any other guidelines, rules or operating policies that TPWOTH B.V. (“TPWOTH”) may establish and post at the website www.thepoweroftheheart.com (the “Website”) from time to time, all of which are hereby incorporated by reference, are collectively referred to as the “Agreement”. The Agreement sets forth the terms and conditions of a legally binding contract between each visitor to and/or user of the Website (referred to as: “you” or “your”) and TPWOTH (referred to as: “TPWOTH”, “we”, “our” and “us”).

2. Acceptance of Terms and Agreement to Be Bound

The services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using our Website, you agree to be bound by this Agreement.

3. Modifications

We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at our Website. By accessing and/or using our Website after any such modification is posted, you are agreeing to be bound by such modifications.

4. Age Requirements for Access and Use of the Website

By accessing and using the Websites, you acknowledge and agree that you are representing to us that you are over the age of 15 and you are of legal age to form a legally binding contract, and you are not a person barred from renting or purchasing goods and/or services from TPWOTH under the laws of the United States or other applicable jurisdiction. Access to and use of the Website and the services are not available to users under the age of 15 and are void where prohibited by applicable law.

5. Preservation and Disclosure of Information

You acknowledge and agree that TPWOTH may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any site content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TPWOTH, the other users of the Website and services, and the public. However, under no other circumstances will TPWOTH intentionally disclose your information to any third party except as otherwise provided in our Privacy Policy.

6. Fees and Payment

Access to and use of some of our services is subject to a fee (the “Fee”). The Fee is payable in U.S. Dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of a rental or purchase of goods and/or services from TPWOTH. Your credit card will automatically be charged at the time of a rental or purchase of goods and/or services from TPWOTH, and you hereby authorize TPWOTH to charge your credit card for the then applicable fee. TPWOTH reserves the right to change or modify the Fee (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than U.S. Dollars are subject to adjustment due to fluctuations in exchange rates. If TPWOTH is for any reason unable to effect automatic payment via your credit card, the rental or purchase of goods and/or services from TPWOTH will be suspended until payment is received. You are responsible for notifying TPWOTH of any changes to your credit card information and to update your information if your credit card has expired. TPWOTH may suspend, terminate and/or otherwise interrupt your access to the services if you fail to so notify TPWOTH.

7. International Use

Due to the global nature of the internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Website and the services.

8. User Generated Content

Anyone contributing to content on the Website or other publications, including web-based and social media publications, of The Power of the Heart through a blog or otherwise hereby grants permission to TPWOTH to edit his/her content and to use that content for any lawful purpose in any of its publications, including web-based and social media publications, without payment or other consideration.

9. Term and Termination

This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on the Website or until terminated by TPWOTH or by you.

10. Disclaimer of Warranties

You acknowledge and agree that the Website and the services are offered without warranties of any kind whatsoever by TPWOTH.

11. Limitation of Liability

To the fullest extent permitted by applicable laws, TPWOTH will in no event 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 any use of the Website and/or the services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the services, even if TPWOTH has been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of TPWOTH 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 TPWOTH for the services.

12. Entire Agreement

This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy and possible additional terms), constitutes the entire agreement between you and TPWOTH and governs your use of the Websites and the services, superseding any prior agreements between you and TPWOTH with respect to the Websites and the services.

13. Law and Venue

This Agreement and the relationship between you and TPWOTH shall be governed by the laws of The Netherlands without regard to its conflict of law provisions. You and TPWOTH agree to submit to the personal and exclusive jurisdiction of the Court of The Hague, The Netherlands.

14. No Waiver

The failure of TPWOTH to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.

15. Statute of Limitations

You acknowledge and 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 services or this Agreement must be filed within 1 (one) year after such claim or cause of action arose or be forever barred.

16. Contact

Our contact details are: PaceWorks Entertainment B.V.
c/o Voshage 21
5258 XN Berlicum, The Netherlands
Dutch Chamber of Commerce Registration Number: 60981202
Dutch VAT Registration Number: NL854147998B01

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