Live Soap School Terms of Service

What is Live Soap School?
Live Soap School, LLC, is a Pennsylvania limited liability company, (hereinafter “Live Soap School” or “We/Us/Our”) provides services, products and information via our website (located at https://livesoapschool.com, https://academy.livesoapschool.com), our Facebook Pages (located at https://facebook.com/livesoapschool, Instagram (located at https://instagram.com/livesoapschool, YouTube (located at https://youtube.com/zakiaringgold and other platforms which may be added or removed at any time. Collectively, these sites are referred to as the “Platform(s)” and include all versions accessible through all devices (such as mobile and desktop apps, web browsers, etc.)

All Users Agree to Our Terms & Conditions
All visitors (hereinafter, “User(s)”, “You” or “Your”) to our Platforms are subject to the terms, conditions and notices set forth in these Terms and Conditions (the “Terms & Conditions”). Purchasers of Our products or subscribers to Our services may be subject to additional rules applicable to such transactions. These Terms & Conditions may be amended from time-to-time.

By using Our Platforms, purchasing Our products (physical and/or digital) or subscribing to Our services, You accept these Terms & Conditions and agree to comply with all of its provisions.

If You do not wish to accept these Terms & Conditions, DO NOT USE OUR PLATFORMS, PURCHASE OUR PRODUCTS OR SUBSCRIBE TO OUR SERVICES.

All Users Agree to Our Privacy Policy
You agree to the terms of our Privacy Policy set forth at https://livesoapschool.com/pricvacy-policyand as may be amended from time-to-time.

Purchases and Subscriptions
We provide products in the form of physical goods and downloadable digital products. We also provide access and subscriptions to courses and course materials. Collectively, we refer to our products, services, courses, and subscriptions as “Our Products.” All purchasers of any of Our Products agree to the following conditions for any paid transaction with us (hereinafter, “Payment Terms”). You warrant and represent that you are authorized to use any payment method you provide to us (such as PayPal accounts or credit cards). You agree to indemnify us against losses we may sustain as a result of any breach of this warranty. We use third-party vendors to process payments for Our Products. These vendors are currently PayPal and Stripe. Visit https://PayPal.com and https://Stripe.com to view these vendors’ specific privacy policies and terms and conditions. Our Privacy Policy applies only to data over which We have control. Our Products that are sold and distributed in a digital format are non-refundable, including any subscriptions for a series of courses or memberships in any discussion groups or other online communities. Our Products that are physical goods (“Physical Products”) are refundable if returned to Us in unused condition within 30-days following delivery to You. Physical Products must be in the same condition in which You received them and must be returned in the same packaging with any labels remaining (not removed). You are responsible for the costs of any shipping for any returns. Within 30 days following receipt of any returned Physical Product, we will issue a refund of the purchase price of the Physical Product via the same payment method that was used to purchase the Physical Product. All shipping costs are not refundable and remain Your responsibility.We reserve the right to change the costs of our Products at any time. Please check with our Platforms for the latest pricing.

Conduct of Users
Users of Our Platforms understand and agree that Our Platforms may only be used for lawful purposes and in accordance with these Terms & Conditions.

Users of Our Platforms represent that You are of legal age and capable of forming a binding contract with Us. These Terms & Conditions are a binding contract.

Prohibited Conduct. Users of Our Platforms understand and agree that You will not engage in any of the following conduct (collectively, “Prohibited Conduct”).

You will not violate or encourage the violation of any local, state, national, or international law or regulation.
You will not collect or store personal data about other Users of our Platforms or solicit personal information from any other Users of our Platforms.
You will not act in any manner which will cause other Users to believe that You are any other person or entity other than who You actually are, or cause other Users to believe that You represent any other person or entity other than who You actually represent.
You will not submit or distribute any so-called “spam” or “junk mail” or “chain letters” or otherwise promote any commercial endeavor.
You will not solicit money, goods or services for private gain.
You will not disrupt or interfere with the security or use of our Platforms.
You will not damage our Platforms through the submission or use of any damaging software or other actions.
You will not use or attempt to use any other User’s account or identity.
You will not attempt to gain unauthorized access to any User’s account or to any of Our Platforms.
You will not engage in any conduct that may interfere with any User’s or third-party’s ability to access or enjoy Our Platforms.
You will not assist any third-party in engaging in any Prohibited Conduct.
Links to our Platforms. You may provide links to the home page of Our Platforms, but not to any other content within Our Platforms. You may not provide links that frame Our content. You may not provide links in a manner that may damage Our reputation or that might indicate any form of association with Us or endorsement by Us.

Content Submissions
Ownership. You agree that any content submitted by You at anytime to or through any of Our Platforms (hereinafter, “Submitted Content”) becomes Our sole and exclusive property. Submitted Content includes, but is not limited to, questions, comments, e-mails, chats, messages or other writings, photographs, audio and/or video recordings, and all other content in any medium of expression. In the event that these Terms & Conditions, in the applicable jurisdictions, do not convey all rights to any Submitted Content, then you hereby grant to us a non-exclusive, royalty-free, perpetual, transferable, and sub-licensable license to copy, transmit, use, create derivative works from or otherwise exploit all Submitted Content. You hereby waive any moral rights (Droit Moral) you may have to such Submitted Content and agree that You waive any claims You may have under any theory of law or equity regarding Our use in any manner of any Submitted Content. In addition, all Submitted Content is deemed to be, and warranted by You to be, non-confidential and non-proprietary. By providing Submitted Content, You agree that We may use, disclose or otherwise exploit the Submitted Content in any manner. You also agree that We are not responsible for the conduct of other uses of Our Platforms or any third parties with whom You or We share Your Submitted Content.
Prohibited Content. Submitted Content shall not contain any of the following (hereinafter, “Prohibited Content”) and You agree not to submit any of the following Prohibited Content:
Submissions that promote any commercial activity other than commercial activity provided through Our Platforms.
Submissions that are illegal, promote or advocate illegal activity or otherwise violate the criminal or civil laws of any jurisdiction.
Submissions that are libelous, slanderous, defamatory, abusive, offensive, inflammatory or otherwise objectionable.
Submissions that are intended to harass, vilify or annoy any third-party.
Submissions that are discriminatory against any individual on the basis of any personal characteristics.
Submissions that are indecent, pornographic or otherwise contain sexually explicit material or language.
Submissions that infringe on any copyright, trademark, patent, trade secret or other
intellectual property or other rights of any third party.
Submissions that infringe on the personal rights of any individual including, but not limited to, any rights of privacy or publicity.
Submissions that purport to originate from any individual or entity other than the individual actually submitting the content.
Termination of Access. We reserve the right to suspend, restrict or revoke access to our Platforms to any User at any time in the exercise of Our sole discretion.
Cooperation with legal process. We reserve the right to assist law enforcement in the investigation of any crime or occurrence and to cooperate with any legal process in the exercise of Our sole discretion.
Participation in Events
From time-to-time, We may offer events in which attendees of Our events may interact with one-another and/or with Our staff and/or with Our invited guests. If You attend or participate in any of these events, whether by attending in person or through any of Our Platforms, You agree to the following terms and conditions. If You do not agree, do not attend these events.

Prohibited Content. You agree not to submit any Prohibited Content as defined in these Terms & Conditions.
Termination/removal. You may be removed from any event in the exercise of Our sole discretion.
Appearance Release. You agree that We may record any appearance by You at any event (whether Your appearance is in person or through any of Our Platforms), which appearance may include Your name, likeness, photograph, voice, dialogue, sounds, biographical information, personal characters or other personal identification captured by Us or submitted by You during the course of an event (collectively, such data is “Your Appearance”). We may use or otherwise exploit Your Appearance, along with any Submitted Materials as defined in these Terms & Conditions, in any manner throughout the universe, in perpetuity, and in any and all media now known or hereafter devised, without any monetary compensation to You whatsoever. You understand that any dispute regarding the use of Your Appearance will be subject to the Dispute Resolution provision set forth in these Terms & Conditions. In the event that any Arbitrator or other tribunal finds that Our use of Your Appearance requires compensation, You agree that We may use Your Appearance in any manner for the sum of five-hundred United States dollars which payment shall constitute a retroactive license.
Intellectual Property
Our Rights. Our Platforms and the entire content appearing in Our Platforms including all text, images, software code, Submitted Content, audio and video and the design, layout, functionality and features of Our Platforms (collectively, “Our Materials”) are owned by Us, Our licensors of Our Materials and other providers of Our Materials. Our Materials are subject to the laws of the United States and other jurisdictions via statute, treaty or otherwise. Such laws include those governing copyrights, trademarks, patents, trade secrets and other intellectual property rights (hereinafter, collectively, “Our Rights”). We reserve all of Our Rights to Our Materials. You are permitted to use Our Platforms solely for the non-commercial uses described in connection with our products and services. No grant of Our Rights is expressed or implied in any use of or transaction through Our Platforms. Any license to Our Materials, expressed or implied, is subject to revocation at will in the exercise of Our sole discretion.
No License. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit Our Materials except as may be permitted for specific content as part of a transaction involving Our services. You may not use any of Our Materials or Our trademarks, logos or tradenames without Our express, prior, written permission.
Third Party Rights. Some content appearing in our Platforms may be owned by third parties and are licensed for use by Us. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit any third-party content except as may be permitted for specific content as part of a transaction involving Our services. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permission of their respective owners.
Allegations of Infringement (DMCA). If You believe that any of Our Materials violates Your copyright(s) or other rights, You may request removal of those materials from Our Platforms by submitting written notice in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your notice must include the following:
Your name, address and contact information.
A copy of the work(s) You believe are being infringed upon within Our Platforms.
A readily identifiable description and location with Our Platforms of the work(s) You believe are infringing.
A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that that the works You identified as infringing are being used without authorization.
Send your DMCA Notice to:
Copyright Agent
Live Soap School
PO Box 1440
Lansdowne, PA 19050
Limitation of Liability
As-Is / As-Available. All of Our Platforms and Our Materials are provided to You on an as-is and as-available basis. We provide no guarantee that Our Platforms or Our Materials will be available at any given time or through any given device.
No Warranties expressed or implied. Your use of Our Platforms and Our Materials is at Your own risk. We make no warranty, express or implied, regarding Our Platforms, Our Materials or the accuracy, applicability, or usability of Our Materials for any purpose. We make no warranty that use of Our Platforms is free of viruses or other harmful or incompatible software that may damage any device on which You view Our Platforms or Our Materials. We disclaim any and all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for any particular purpose.
Not liable for content. You assume any risk associated with any reliance You place on Our Materials whether such content is provided by Us or by any Users of Our Platforms or any other third-parties.
No Legal Advice. Our Materials are not to be construed as legal advice in any manner. You should consult an attorney of Your choosing regarding any legal matter that You may have and not rely on any of Our Materials in making any decisions or taking or refraining from any actions.
Opinions expressed are of individuals. Our Materials may contain opinions regarding a particular subject. In such event, the opinions expressed are those of the individual authors of those materials and are not to be construed as Our opinions. We are not responsible for any such opinions.
Third-Party Links. We are not liable for any content or otherwise contained on any website or otherwise that You may encounter when following any link to any third-party.
Limitation of Damages. To the maximum extent permitted by law, in no event shall Live Soap School, its licensors, licensees, affiliates or partners, or the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same be liable for any special, punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of data, loss of profits, or any other such damages under any theory of liability, arising out of or in connection with the use of Our Platforms or Our Materials. You are solely responsible for any loss, claims or damages arising from any of Your Prohibited Conduct or Prohibited Submissions.
Indemnification
You agree to indemnify and hold harmless Live Soap School, its licensors, licensees, affiliates or partners, and the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same, from and against any claim arising from or related to Your breach of these Terms & Conditions and/or Your Prohibited Conduct and/or Your Prohibited Submissions.

Updates to Terms & Conditions and Privacy Policy
From time-to-time as Our Platforms and Our Materials evolve, we will update our Terms & Conditions and Privacy Policy. You agree to confirm that You have read and understood our most up-to-date Terms & Conditions and Privacy Policy prior to each occasion in which you access Our Platforms and Our Materials. We will post the date on which Our Terms & Conditions and Privacy Policy have been updated at the top of Our Terms & Conditions and Privacy Policy. We are under no obligation to provide you an e-mail or other notice regarding any updates to Our Terms & Conditions or Privacy Policy. Your continued access to Our Platforms and Our Materials constitutes consent to, and agreement with, these changes.

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Heights Platform Terms of Service

1. Introduction

Thank you for visiting our Site and/or using Heights, an app designed to allow you to build and manage your own online education program. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to them as amended in order to have our permission to use our Site and Service.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” means these Terms of Service;

“App” refers to our Heights app, which provides a platform for creating and managing online education programs;

“Heights” refers to our company, known as “Velora Studios, LLC”; our Site; our Service; our App; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Service” refers to the services that we provide through our Site, including our Site itself, our education platform creation services, our App, and any other services we may provide online or offline;

“Site” refers to our website, www.heightsplatform.com;

“User” refers to users of our App, user who pay for our Service, and general visitors to our Site;

“Program” refers to the account created by a User in which they will use our Service and build their education content.

“Student” refers to a person who signs up to use the Program which the User has created;

“You” refers to you, the person who is entering into this Agreement with Heights.

3. Corporate Information

Heights is owned and operated by Velora Studios, LLC, a Limited Liability Company formed and doing business in the State of Delaware, and registered with the Delaware Department of State’s Division of Corporations under File Number 4658163. Any legal documents to be served or other queries should, unless otherwise provided or required by this Agreement, our Privacy Policy, or any provision of any applicable law, be sent via certified mail to:

Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States

4. Heights’ Purpose

Heights is an online course creation software platform for creating and managing an online education program. We provide tools that help you to create and organize educational content to teach Students and analyze their progress.

5. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

• You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Heights, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
• You must be at least 13 years of age in accordance with the Children’s Online Privacy Protection Act. If you live in a jurisdiction other than the United States and your jurisdiction has a higher minimum age to use our Site or Service without parental consent, then you must be at least that age.
• You must sign up for only one account (this includes, but is not limited to, a prohibition on repeatedly signing up for different accounts to take advantage of more than one free trial offer). An exception can be made at our discretion if you send us an email explaining your business need for a secondary account.
• You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
• You must be authorized by the holder of any payment method to use their account for the purposes of signing up for our Service.

6. Disclaimer

Heights provides its Service on an as-is basis and, notwithstanding any other statements or examples given on our Site or elsewhere, makes no representations as to how Heights can be best used by any specific User or Student. You agree that you bear the sole responsibility of determining whether the Heights App is suitable for your use, and that Heights shall not be liable for any losses which result from the use of our Service.

7. Rules of Use

Once you have met our eligibility criteria described above and paid the appropriate fee to Heights, you will be provided with access to our Service. Although you have met the preliminary requirements to use our Service, there are certain additional rules which apply before, during, and subsequent to your registration with Heights. You must not:

• Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
• Use Heights for teaching Students about topics that are illegal, unethical, or dangerous.
• Be fraudulent or negligent when making payments to us (such as by using someone’s credit card without authorization, or using a card which you know will have the payment reversed for any reason).
• Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
• Hack, crack, phish, SQL inject, or otherwise compromise, or attempt to compromise the security or integrity of the Heights Site, Service, App, or its Users’ computers.
• Scrape data or scan the Site, Service, or App.
• Abuse the Service you are provided by using it in such a way that is not intended by Heights or in a way that could impact Heights or its Users in a negative way.
• Do anything else which, at the discretion of Heights, could harm the safety or legal interests of Heights or any third party, including but not limited to other Users or Students.

Fair Use Policy for Unlimited Uploading and Bandwidth: Generally, we do not limit or impose additional charges for video or data storage (ex: the data stored in your Program for courses, products, text, files, video, audio, and other multimedia content you create), or bandwidth consumption (ex: the data used in order to deliver your files, site pages, and videos to Students). This policy is subject to fair use: If your aggregate storage usage or bandwidth usage (across every account you control) is higher than 99% of Users on our App in any calendar month, we may, in our discretion, charge fees for excessive usage, require you to upgrade to a different plan, or terminate your account(s) upon advance written notice.

8. Payment, Billing, and Refunds

All payments are processed by our third party payment processor, Stripe, and payment may be made to them by Visa, MasterCard, American Express, JCB, Discover, and Diners Club cards. All prices on our Site, unless otherwise stated, are listed in United States dollars.

We may decide to apply varying payment plans from time to time. For example, we may require that you pay one lump sum for the purchase of our App, or we may rebill you on a recurring subscription basis. In either case, payment terms and, if applicable, rebilling periods shall be posted on our Site and are hereby incorporated into this Agreement by reference. If two or more listed payment terms conflict with each other, the one most beneficial to Heights shall take precedence.

You may cancel your subscription at any time. Refunds will be provided in full within the first thirty days of your subscription if for any reason you are not satisfied with our Service and notify us of your request for a refund within that time. After thirty days beyond your initial purchase, we will not be obliged to provide any refund, even on a pro rata basis. You may cancel your Service at any time after the initial thirty days and you will continue to have access to our Service until the end of the most recently paid subscription period, if applicable.

Should payment plans change or increase after an initial subscription, current Users will either have the option of staying on their current plan or may be grandfathered into the new subscription plan at their current subscription plan’s rate for a period of one year.

Active Student limits on subscription plans: An "Active Student" is a Student in a User's Program who has logged into the Program in the past 30 days. Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:

• Overage of up to 15% above the plan limit for a single month on plans offering 1000 active students or more.
• Overage of up to 50 students above the limit for a single month on plans with limits of less than 1000 active students.

An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.

9. Discounts

Heights may, but is not obligated to, provide discounts, including but not limited to an initial thirty day free trial offer for the use of our Service. The discounts provided will be made according to the information published on our Site, and if any information is conflicting, the terms most beneficial to Heights shall take effect. Discounts may not be applied to past payments.

Heights may refuse to provide such discounts for any reason including, but not limited to, fraud, unauthorized accounts (such as multiple accounts being used to take advantage of a one-time offer repeatedly), mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

10. Chargebacks, Credit Card Cancellations, and PayPal Disputes

Where a User provides payment to Heights, and that amount of money is subsequently taken from Heights due to a chargeback or similar reversal, Heights shall be entitled to recover that amount from the User as liquidated damages, as well as our reasonable attorneys’ fees, court costs and disbursements, and/or collection agency fees required to collect these liquidated damages.

Please note that this restriction on chargebacks is designed to prevent fraud and keep our costs low, which allows us to offer lower prices for our Service. Users may of course bring disputes against us in accordance with the “Forum of Dispute” provisions found further below.

As a User of our App, if a Student requests a refund from you, it is your responsibility to handle this with your Student. Heights does not collect payments from your Students. Any disputes of Student payments are between the Student, User, and the third-party payment processor the User chooses to use. As a User with Students, it is your responsibility to have your own terms, privacy policy, and refund policy in place and follow all applicable laws. Further, while Heights provides email support to its Users, Heights does not offer email support to the Students of its Users.

11. Third Party Charges

Because Heights may be used with a mobile device, certain third party SMS charges, data charges, and other fees may be applied in relation to your use of our Service. You agree that you are responsible for tracking and paying these charges, and that Heights shall not be liable to you for such charges.

12. Limited License

Heights is provided as licensed software to you. When you provide the proper payment to us or otherwise meet the requirements to use our App (such as by being eligible for a trial offer), you are authorized to use one account for our software at the price given. You may not distribute this software, copy it, reverse engineer it, or otherwise tamper with it or reproduce it. Heights reserves the right to revoke our license for our App’s use at any time.

13. Server Maintenance and Other Downtime

At time, Heights may have server downtime or other Service outages for reasons including, but not limited to, server maintenance, legal compliance, security issues, or other business operations. You agree that we are not liable for any losses incurred by you as a result of such downtime, and that you should have a backup plan in place if you are relying on our Service for any purpose which could cause a loss to you if our Service became unavailable.

14. Our Copyright

Heights expended much effort on developing its App and ensuring that it is unique from other Apps. Copying our App or any portion thereof could, in addition to being prohibited generally by intellectual property law, harm our business. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including our App, without receiving our prior written permission.

15. Your Copyright

Heights must be assured that it has the right to use the content that is uploaded using its App. Such content may include, but is not limited to, arrangements of data by Users in which a copyright subsides. Whenever submitting content to us through our App, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use the content that you submit to us for the purpose of providing you with our Service. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

16. Trademarks and Service Marks

“HEIGHTS”, “Heights Platform”, the Heights Platform logo icon, “Velora,” “Velora Studios,” and the Velora Studios icon are registered trademarks used by us, Velora Studios, LLC, to uniquely identify our Site, Service, and business. Additionally, the service mark “Climb Above” and the service mark “Creator Climb” are an unregistered trademarks protected generally by the provisions of the Lanham Act, as well as various status prohibiting unfair competition and the common law tort of passing off. You agree not to use our marks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site, App, or their design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own App or other directly or indirectly competing business.

17. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

18. Copyright & Trademark Infringement

Users must not post any information that infringes on anyone’s copyright. We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our website of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at support@heightsplatform.com. Since we request notification by e-mail, an electronic signature is acceptable.

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

19. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF OUR APP, AND YOU AGREE THAT YOU ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF OUR APP AS IT APPLIES TO YOU.

WE ARE NOT RESPONSIBLE FOR ANY LOSSES WHICH RESULT FROM SERVER DOWNTIME OR OTHER TECHNICAL ISSUES.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF OUR PAYMENT PROCESSOR TO PROCESS YOUR PAYMENTS PROPERLY, AND YOU SHOULD CONTACT THEM AND/OR YOUR CARD COMPANY DIRECTLY TO SOLVE ANY PAYMENT ISSUES WHICH YOU MAY HAVE.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

20. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

Heights provides an App to its Users as a service. Heights is not a marketplace, and is not responsible for any interactions between its Users and their Students.

21. Choice of Law

This Agreement shall be governed by the laws in force in the State of Texas. The offer and acceptance of this contract are deemed to have occurred in the State of Texas.

22. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Texas. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court of competent jurisdiction having the authority to hear civil matters in the State of Texas (“Small Claims Court”).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

If for any reason the provisions in this section as to the proper forum of dispute are found to be unenforceable and another state may have jurisdiction over such disputes, you agree that this section shall apply as analogously as possible in that other state, including but not limited to the requirement that the dispute be brought in that state’s small claims court.

23. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

24. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Heights shall have the sole right to elect which provision remains in force.

25. Non-Waiver

Heights reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

26. Termination & Cancellation

We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

27. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

28. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here. You must read this page every time you access our Site or Service, and if you do not agree to any changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at support@heightsplatform.com so that we may disable your account.

29. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Heights must be sent to support@heightsplatform.com.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified: January 4, 2023

Live Soap School Privacy Policy

Who we are
Our website address is: http://livesoapschool.com.

This policy is intended to inform you how we at Live Soap School, a Pennsylvania limited liability company, (hereinafter “Live Soap School” or “we/us/our”) collect and use information provided by visitors to our website (located at www.livesoapschool.com, hereinafter, our “Website”), by people who register at our Website, by students who enroll in our courses, by anyone who contracts for or purchases any of our products or services, and by individuals who communicate with our Website via e-mail or otherwise (collectively, “you/your”).

By visiting our Website, viewing its contents, registering on our Website, enrolling in our courses, purchasing our services or products and/or communicating with us via e-mail or otherwise, you are consenting to the terms of this Privacy Policy along with the terms of service set forth on our Terms & Conditions page (located at www.livesoapschool.com/terms-of-use).

All information and data that we receive from or about you, such as (but not limited to) your name, address, geographic location, e-mail address(es), IP address, user names, passwords, course selections, product and service purchases, transaction and payment information and communications are governed by this Privacy Policy. This Privacy Policy does not apply to third-party sites from which you may access our Website or access any of the materials on our Website.

If you do not wish to consent to the terms of this Privacy Policy or our Terms & Conditions, please do not use or otherwise visit our Website, register on our Website, enroll in our courses, or purchase any of our products or services.

Collection of Information
We may collect and process your personal data in the following circumstances:

when you sign up / register for an account with us
when you sign up for our newsletter (by entering your e-mail address)
when you order any products or services from uswhen you contact us via e-mail or otherwise
when you provide us e-mail or other data in exchange for a free download
when you enter any contests we may holdwhen you complete any surveys we may conduct
when you visit our Website (via cookies or otherwise)
Not all of the information we collect may be personally identifiable. We do, however, track and record user sessions to improve the site experience for our users. We use various tracking software to do so including Google Analytics and FullStory. Such tracking software may change as technology improves.

Our Website and the materials and services provided through our Website are not intended for children or those under the age of 16. If someone under the age of 16 wishes to use our Website, that individual is responsible for obtaining the consent from that individual’s parents or legal guardians.

Use of Information
We use information that we gather from you in the following ways:

To provide services and materials through our Website
To deliver information to you about the products, services and materials provided through our Website
To fulfill our contractual obligations to you as part of any transaction or order involving our products, services and/or materials
To contact you about our products, services and Website
In additional manners that we may describe to you when you provide information to us or when we notify you about new uses of information provided by you
By visiting our website, providing us your e-mail address, signing up for our newsletter, registering for an account, ordering products or services from us or otherwise providing your personal information to us, as set forth above (under Collection of Information), you are consenting to receiving communications from us regarding our services and materials. You may opt out of receiving these communications at any time by following the instructions set forth in those communications or by visiting the “Opt-Out/Delete” link at the bottom of our Website or by going directly to www.livesoapschool.com/optout.

Sharing Information
We will share information provided by you to third parties only in the ways that are described in this Privacy Policy. We do not sell, trade, rent or otherwise disseminate personal date or information except as set forth below:

We use a third-party vendor to help us communicate with you via e-mail. Our current vendor is SendFox. A description of SendFox’s services may be found at https://www.Sendfox.com. We will update this policy in the event we change our communications vendor.
We transmit credit card and other payment data through the appropriate credit card company and/or credit card payment processing company or financial institutions to confirm payment for products or services purchased on our Website.
If necessary for the provision of our services, we may disclose information (such as name and contact information) to our instructors or other providers of our services.
We will disclose information gathered from you or provided by you if we are required to do so by law or legal process, or to cooperate with a law enforcement investigation, or if we need to do so to protect our rights, reputation, property, or the safety or us or others, or to defend or enforce our rights or your obligations.
We will disclose information to third parties with your prior consent.
Not all of the information we collect may be personally identifiable. We do, however, track and record user sessions to improve the site experience for our users. We use various tracking software to do so including Google Analytics and FullStory. Such tracking software may change as technology improves.

Our Website and the materials and services provided through our Website are not intended for children or those under the age of 16. If someone under the age of 16 wishes to use our Website, that individual is responsible for obtaining the consent from that individual’s parents or legal guardians.

Deleting of Information
You may ask us to delete some or all of the information you shared with us, provided, however, that we are not required to maintain that information as part of any commercial transaction or contract entered into between us. For example, we may need to maintain records of credit card transactions or products or services purchased by you from us for a period of time in the event any dispute or other occasion arises whereby that information may be required by third-parties or government entities.

You may request that we delete information provided by you to us by emailing support@livesoapschool.com.

If you believe that we have inaccurate or incomplete information about you, you may request an update to your information by emailing support@livesoapschool.com.

You may request that we limit the use of your information to only that information required for us to conduct any transactions in which you engage with us. For example, you may request that we discontinue sending e-mails or newsletters to you about upcoming courses or other information regarding our products and services. You may opt-out from these communications by emailing support@livesoapschool.com as well as following the instructions on the communications themselves.

Unless you request that we delete information provided by you, we will maintain that information for a reasonable period of time in the event that you choose, in the future, to purchase our products or services. For example, you may complete one of our courses, and not find an additional course to be of interest to you at present; however, we may introduce a course in the future in which you may wish to enroll. By maintaining your information, we make the enrollment process easier, as well as allowing us to provide a history to you of courses in which you previously enrolled.

To maintain the integrity of our Website and the information you provide to us, we may copy that information to a secondary information storage device (AKA back-up). In the event that you request that we delete your information, we will also delete it from our back-up data storage to the extent that it is commercially reasonable to do so. Nevertheless, we do not access our back-up storage except under circumstances where data from our primary storage has been compromised (such as may occur during power surges or other situations where our primary storage may be damaged).

Cookies and Information
Our website uses cookies to enhance our users’ experience with our website. Cookies are small packets of information placed on your device when you visit our website and/or engage in transactions with us. Cookies help us to tailor your experience to you as an individual user, allow us to recognize your when you re-visit our website, and assist us in keeping your account secure. By visiting our site and engaging in our services and/or purchasing our products, you are agreeing to the use of cookies and similar technologies for the purposes set forth in this policy.

Our website follows industry custom and practice with respect to the types of cookies we use and the technology inherent in the cookies we choose. The types of cookies we use will change as the technology and utility behind them advance Our use of cookies allows us to display advertising intended to be more relevant to our users as well as to identify return visitors to our website. We may also use cookies to collect aggregate data to help us improve the products and services we provide. We do not provide any of your personal information to advertisers without your consent.

You may control the use of cookies by us and other websites through your browser settings. Most browsers will allow you to turn off cookies. Our website, however, may not function as intended or provide you with as satisfying an experience should you choose to do so. Most browsers will also allow you to review and delete cookies, including those originating from our website. You should consult with your browser’s setting and help page to learn how to control cookies on your particular browser.

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Updating Our Information Privacy Policy
Periodically we will update our Privacy Policy as technological, business and regulatory changes occur. We will notify you of changes to our Privacy Policy by posting the new Privacy Policy on our Website, accessible on a link from our homepage, or directly at https://livesoapschool.com/privacy-policy. We will also send you an e-mail to the e-mail address provided by you to us notifying you that an updated Privacy Policy is available for review on our Website. You consent to receive such e-mails and agree to keep us informed of any changes to your preferred e-mail address.

Disputes Involving Information
In the unlikely event that you have a dispute with us regarding our use of any of your information or in regards to our Privacy Policy, our Terms & Conditions or Website, our products or our services or otherwise (collectively, “Disputes”), and we are unable to resolve that dispute through informal communications between us, you agree that any such Disputes will be subject to the following dispute resolution:

Any Disputes shall be resolved by binding arbitration before a single arbitrator in accordance with the then-existing rules of the Pennsylvania Lawyers for the Arts, Arts Arbitration and Mediation Service.

You further agree that this dispute resolution mechanism shall be your sole means to seek a remedy for any Dispute and that you will not engage in any class action or other collective action regarding any Dispute you may have with us. You understand that by voluntarily providing information to us, by using our Website or by otherwise engaging in any transaction with us involving our products or services, that you are waiving any rights to a trial by jury or to join any collective or class action litigation involving any Dispute.

Contacting Us Regarding Information
You may contact us at any time regarding you personal data and information by emailing support@livesoapschool.com.

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Heights Platform Privacy Policy

We believe that privacy is important. As such, we only collect the information needed to conduct business and improve your experience. We will never sell your data and we will not share your data without your permission. Our Privacy Policy below, and our list of Subprocessors covers a list of the data we collect, how and why we use it, and where it is kept.

1. Introduction

Thank you for visiting our Site and/or using Heights, an app designed to allow you to build and manage your own online education program. This Privacy Policy, like our Terms of Service, is an integral part of using our service, and you must completely agree to it in order to use our website and service.

2. Definitions

Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:

“App” refers to our Heights app, which provides a platform for creating and managing online education programs;

“Heights” refers to our company, known as “Velora Studios, LLC”; our Site; our Service; our App; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Privacy Policy” refers to this Privacy Policy;

“Service” refers to the services that we provide through our Site, including our Site itself, our education platform creation services, our App, and any other services we may provide online or offline;

“Site” refers to our website, www.heightsplatform.com;

“Subprocessor” refers to an entity which processes personal data on behalf of Heights so that we can provide our Service;

“User” refers to users of our App, and general visitors to our Site;

“You” refers to you, the person who is governed by this Privacy Policy.

3. Information Collected

Identifying Information

We collect certain personal information from you when you sign up to our Service that can be used to identify you, such as your name, e-mail address, credit card information, IP address, time zone information, password, and any other information that we may deem relevant to provide our Service to you. The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy. We will never sell your personal info to third parties, and we won’t use your name or company in our marketing materials without your permission.

Non-Identifying Information

Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

4. Use of Your Information

We may use your information to:

• Enhance or improve User experience, our Site, or our Service.
• Process transactions.
• Send e-mails about our Site or respond to inquiries.
• Target advertisements that we believe may be of interest to you.
• Provide you with our Service (such as by storing data of courses and lessons you create on our servers so that you may access them using the App).
• Provide support to help you improve your program and or courses within them.
• Tracking behavior metrics for improvement of our Service. Please note that although we may track User behavior (e.g., last login date and percentage of lessons completed, last lesson views, numbers of students and courses in a program), we will not store and track sensitive payment information on our servers. Payment information is instead stored by a PCI compliant third party vendor (Stripe).
• If Heights merges with or is acquired by another company. Should this ever happen, we will notify you before any personal information is transferred and becomes subject to a different policy.
• Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.

5. Accessing, Editing, and Removing Your Information

Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.

6. Cookies

We use cookies to create a session and remember a User as they use our Site, in order to distinguish them from other Users. We also use them to remember your preferences, compile statistical data about the usage of our Site, protect against malicious usage of our Site and optimize the speed of our Site. For this reason, it is necessary that you enable cookies in your browser in order to use our Service, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system. There are four primary uses for different types of cookies we may use:

Revoking permission of certain cookies that are not operation essential for us to provide our service:

Heights uses the Facebook Conversion Tracking Pixel, a service of Facebook, Inc. (https://www.facebook.com/policy.php). This cookie is an advertising type cookie which allows us to record the results of our advertisement performance for marketing purposes. You can revoke the permission for Facebook to track this at the following link: https://www.facebook.com/ads/website_custom_audiences/

Heights uses Google Analytics, a service of Google, Inc. (https://policies.google.com/privacy?hl=en) which allows us to track visits to our website and other browser data so that we can improve your experience. Our particular use of Google Analytics keeps your IP address anonymized before Google records it. This anonymized, or masked IP address, will not be connected to any other data on Google. This is an analytics type cookie. You can prevent analysis of your browser behavior across all websites using Google Analytics by installing this browser plugin: http://tools.google.com/dlpage/gaoptout. Google Analytics Advertising Features may also use anonymized insights into your device behaviors, and you can access and or delete such data via Google's "My Activity" page.

7. Third Party Websites

Heights may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by Heights, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. Heights bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

8. Third Party Access to Your Information

Although you are entering into an Agreement with Heights to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website. A current list of vendors is available upon request.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to use the following third party services which may also store data about you:

• Anonymized: Any data that could be used to identify the data subject is scrubbed, or a specific encryption policy is used in a case where data is not anonymized.
• Discarded: Data is destroyed automatically without requiring a request by data subject
• Archived: Data can only be accessed by Heights founder.

You authorize us to allow third party Site and App visitors to view and download data to their respective devices (not limited to mobile phones, tablets, laptops, computers), whether these third party visitors access this content via our Site, App or view and download this content via any mobile application which displays it. Without limiting generality, you understand that the ability of other parties to view information you save in our App and Site is a part of the Service we are providing to you.

9. Release of Your Information for Legal Purposes

At times it may become necessary, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, unless we are legally prevented from it, we will notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

10. Commercial and Non-Commercial Communications

By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from Heights since, by providing such information, you agree to receive communication from us other anyone else covered under this Privacy Policy. However, you may unsubscribe from marketing communications by clicking on the unsubscribe links in our marketing emails, or by notifying Heights that you no longer wish to receive solicitations or information and we will remove you from the database. We may still send certain transactional emails required in order to provide you notice to important alerts regarding your account in our Service.

11. Security Measures

We take certain measures to enhance the security of our Site and Service, such as by using SSL Certificates. Your data is encrypted in transit between you and Heights for account and payment related pages. Should you be accessing our service through a custom domain (ie: a domain other than heightsplatform.com), ensure that the domain used to access our service also has HTTPS if you want your data to be encrypted throughout our entire App. We make routine, secure backups of your data, and we use multiple techniques to eliminate points of failure. We also conduct security reviews on our Service periodically and ensure that third party contractors and employees only have access to the information that is necessary for them to perform their job. However, we make no representations as to the security or privacy of your information. It is in our best interest to keep our website secure, but we recommend that you exercise precautions and use anti-virus software, firewalls, and other precautions such as not telling others your password to protect yourself from security threats. If you need to report an exploit, or you have noticed and incident with your account, please contact us at security@heightsplatform.com.

12. Security Breach Notifications

In the event that your private data are disclosed to unauthorized people (ie: hackers), Heights will send email notifications to all possibly affected parties. We may also make an announcement on our Site directly.

13. Deleted Data

We retain your personal information for the duration of our business relationship, and afterwards for as long as necessary for legitimate business purposes until you exercise your right to erase your personal information. When you request your account and personal information be deleted, we’ll ensure that nothing is stored on our servers past 30 days. Data that you choose to delete from your account while it is active will also be deleted within 30 days, though most data is deleted instantly.

14. GDPR Rights

The General Data Protection Regulation (“GDPR”) gives people under its protection certain rights with respect to their personal information collected by us on the Site. Accordingly, Heights recognizes and will comply with GDPR and those rights, except as limited by applicable law. The rights under GDPR include:

• Right to Be Informed. This is your right to know how we will process your data, who will process it, and where it might be located.
• Right to Access. This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.
• Right to Rectification. This is your right to request correction errors and updating of incomplete information.
• Right to Erasure. This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession (also known as the "Right to deletion" or "Right to be forgotten"). However, if applicable law requires us to comply with your request to delete your information, fulfillment of your request may prevent you from using Heights services and may result in closing your account.
• Right to Restrict Processing. This is your right to request restriction of how and why your personal information is used or processed.
• Right to Object. This is your right, in certain situations, to object to how or why your personal information is processed.
• Right to Portability. This is your right to receive the personal information we have about you and the right to transmit it to another party.
• Right to not be subject to Automated Decision-Making. This is your right to object and prevent any decision that could have a legal, or similarly significant, effect on you from being made solely based on automated processes. This right is limited, if the decision is necessary for performance of any contract between you and us, is allowed by applicable European law, or is based on your explicit consent.

Many of these rights can be exercised by logging in to our App and directly updating or deleting your account data. If you have any questions about exercising these rights, please contact us at privacy@heightsplatform.com.

15. Your California Online Privacy Rights

This section pertains only to residents of California. Heights permits residents of California to use its services. Therefore, it is the intent of Heights to comply with the California Business and Professions Code §§ 22575-22579 and the California Consumer Privacy Act of 2018 (“CCPA”). If you are a California resident, you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors.

Below are the rights you have, though these are not absolute. In certain cases we may decline your request as permitted by law.

• Information: You can request the following information about how we have collected and used your personal information during the past 12 months:
  • The categories of personal information that we have collected.
  • The categories of sources from which we collected personal information.
  • The business purpose for collecting your personal information.
  • The categories of third parties with whom we share personal information.
  • Whether we have disclosed your personal information for a business purpose, and if so, the categories of personal information received by each category of third party recipient.
  • Whether we’ve sold your personal information, and if so, the categories of personal information received by each category of third party recipient.
• Access: You may request a copy of the personal information that we have collected about you.
• Deletion: You may ask us to delete the personal information that we have collected from you.
• Nondiscrimination: You are entitled to exercise the above rights free from discrimination.

You may contact us at privacy@heightsplatform.com with any questions or to exercise these rights listed above. We may require government identification to process your request and to confirm your residency.

16. Minors

Individuals under 13 years of age are not allowed to use our Service. If you become aware of a User who is under the required age to use our Service, please notify us immediately at privacy@heightsplatform.com and provide us with full details as to why you believe they are below that age and we will address the issue. If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site and/or Service.

17. International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Heights transfers Personal Information to the United States and to multiple third party Subprocessors (List of Subprocessors). We enter into GDPR-compliant data processing agreements with each of these Subprocessors. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

18. Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page. We may send out an email notification to notify you if more significant changes are made. You must read this page each time you access our Site and Service and notify us at privacy@heightsplatform.com with details sufficient to identify your account if you do not agree to the amendments, so that we may terminate your account. You may also contact us via mail with questions at:

Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States

Last Modified: March 09, 2023