Welcome to class.synchronizedgroup.com (the "Website").
These Terms and Conditions ("Agreement") are a legal agreement that explain the terms and conditions that all visitors, users, clients and customers ("You", or "Your") must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement.
These Terms and Conditions outline the rules and regulations for the use of class.synchronizedgroup.com.
PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website.
These Terms and conditions are governed by the law of Texas, USA
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The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:
"Account" refers to the account that You have to create in the Website to log in, use, and access some parts of the Website.
"Company," "Us," "We," and "Our" refers to Synchronized Christmas, Inc..
"Content" is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.
"Party" refer to either You, or Us, or any other party to this Agreement. "Parties" refer to both You and Us.
"Services" refer to any work We perform for You.
"Supply" means to provide the Goods or Services as per the Invoice.
"You" and "Your" refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement.
While using our service the following terms must be adhered to:
Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.
You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only.
Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.
All of Our trademarks, service marks and trade names used herein (including but not limited to: the Synchronized Christmas, Inc. name, Synchronized Christmas, Inc. logo, the Website name, the Website design, and any logos) (collectively "Marks") are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a "hot" link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
In consideration of Your use of the Website, You will:
You are entirely responsible for the security and confidentiality of Your password and Account. You will not share Your Account Data or Your username and password with any third party or permit any third party to login to the Website using Your Account Data. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services and Website.
You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security of which You become aware.
The Website may also include a tool that allows You to sign in or register using information from Your accounts in third party services, such as Facebook, Twitter, Google, Yahoo, or LinkedIn. These third-party services are not related to the Website, and Your use of such third-party services is subject to the terms and policies of those services.
We have engaged the services of Stripe (“Payment Processor”) to collect and manage Your payments. You acknowledge and agree that the Payment Processor will perform the following for Us:
The Payment Processor is responsible and We shall not be liable for any matter in connection with the processing of Your payments.
You agree to notify Us or the Payment Processor about any billing problems or discrepancies within 60 days after they first appear on Your Account statement. If You do not do so within 60 days, You agree that You waive Your right to dispute such problems or discrepancies.
We may partner with and use other third party payment service providers to handle all payments. We will notify You of such change by e-mail not less than 30 days before it takes effect.
You agree to provide updated information regarding Your credit card or payment method at any time the information is needed.
You give Us and the Payment Processor the pre-authorization to verify if Your credit card or payment method account is valid and has the necessary funds or credit available to cover Your payments.
You authorize such credit card to pay any amount described herein.
You confirm that Your credited card has sufficient funds, credit facilities and valid expiry date to cover the payment.
You will receive an electronic invoice for Your payments. This electronic invoice shall serve as Your official receipt.
In case of payment delay, You will not able to use any chargeable features of Our Services until the payment in due have been fully paid.
Upon delay with any payments, You may be required to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. We reserve the right to assess reasonable interest charges on any amounts not paid by the date such payments are due.
You are solely responsible for any and all fees charged to Your credit card by the issuer, bank, or financial institution including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.
All orders are subject to Our credit approval. We reserve the right to withhold shipment or to require other adequate assurances of performance of Your payment obligations as We, in Our discretion, may require, notwithstanding any order confirmation issued by Us.
All payments shall be paid in USD. You may have to incur costs for conversion and transfer of money if applied by Your financial service provider.
All prices exclude VAT at current legal rate in United States, unless stated otherwise in this Agreement. You are responsible for all other applicable taxes, and We shall charge taxes when required to do so.
Other payment methods are accepted only if provided on Our Website.
Amounts payable under this Agreement are non-refundable.
No refunds shall be granted for discounts, vouchers, or coupons availed as part of the Service.
We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.
Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Website, You assume all associated risks.
Information provided by you through class.synchronizedgroup.com is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.
Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited.
We grant You a nonexclusive right to display at Your site any link that would permit any user to go from Your site to Our Website. You obtain no rights other than the right to link to Our Website. Further, We do not guarantee, approve, or endorse the information or products available on Your site.
You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.
If Your wish to obtain written consent from Us, please contact us using our contact page
From time to time, the Website may contain links to sites that We and Our affiliates do not own, operate nor control. All such links are provided solely for Your convenience. If You use these links, You will leave the Website. Neither We nor any of Our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither We nor any of Our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that You may obtain from using any other site.
We do not control, endorse, sponsor or approve of the third parties or their content not do We take any responsibility for any aspect of these websites or their content. If You decide to access any other site linked to or from this Website, You do so entirely at Your own risk. You agree to be aware when You leave the Website and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of personal information to those third-party sites.
We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text.
Our intellectual property is protected under copyright, trademark and other intellectual property laws.
As part of this Agreement, You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.
All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2021, Synchronized Christmas, Inc. or its licensors. ALL RIGHTS RESERVED.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorized users; (b) Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of USA or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party’s access and use of the Website with Your unique username, password or other appropriate security code.
In the event that You have a dispute with one or more other visitors, users, customers, or clients of the Website, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We reserve the right to send You an electronic mail for the purpose of informing You of changes or additions to the Website or this Agreement.
You and We agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to this Agreement, the Website, any subscription to the Website or any other aspect of Our relationship (“Subject Legal Claim”).
To help resolve any issues between Us promptly and directly, You and We agree to begin any arbitration within 15 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived.
In an attempt to find the quickest and most efficient resolution of Our issues, You and We agree to first discuss any issue informally for at least 15 days. To do that, please send Your full name and contact information, Your concern and Your proposed solution by email to Us at email@example.com. If We should need to discuss an issue with You, We will contact You using the email or mailing address on Your Account.
If We do not reach an agreed upon solution after Our discussions for at least 15 days, You and We agree that any Subject Legal Claim that either of Us may have must be resolved through binding individual arbitration in Texas, USA in accordance with American Arbitration Association.
There are two limited exceptions to this Dispute Resolution and Arbitration provision: (a) either Party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (b) either Party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
You and Us also agree to arbitrate in each of Our individual capacities only, not as a representative or member of a class, and each of Us expressly waives any right to file a class action or seek relief on a class basis.
You may download a form Notice to initiate arbitration at www.adr.org. If You initiate the arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. It is important that You understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.
We may terminate this Agreement:
We may also block Your access to Our Website in the event that:
You may terminate Your use of the Website or the Services by contacting Us through our contact details in this policy. The termination request will be subject to Our verification of Your ownership of the Account.
In terminating Your Account, You shall be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through Your Account prior to termination.
Either Party may terminate the Agreement:
Upon 0 days' written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period;
If the other party becomes the subject of petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Upon the effective date of termination or expiration of this Agreement:
The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.
This Agreement is subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement.
If You are not a registered Subscriber of the Website, then You can review revisions to this Agreement by regularly checking this page.
Material revisions to this Agreement will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of the Website.
It is Your responsibility to remain apprised of any revisions to this Agreement and to remain in compliance therewith.
Should You object to any such revisions to this Agreement or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions.
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Our Website is not directed to children. Access to and use of Our Website is only for those who are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not register for or use Our Website.
Any person who registers as a user or provides their personal information to Our Website represents that they are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.
In agreeing with this Agreement, You represent and warrant that You are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.
Jurisdiction and Choice of Law. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of Texas, USA. You consent to the exclusive jurisdiction of the state and federal courts located in Coppell, Texas, USA.
Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral).
A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.
Survival. Clauses “Trademarks/No Endorsement”, “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement.
We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing Us at firstname.lastname@example.org. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: You may contact Us at our contact page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us through Synchronized Christmas, Inc., email@example.com
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.
Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
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.
In order to use our Service, you must meet a number of conditions, including but not limited to:
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.
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:
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.
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:
An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.
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.
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.
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.
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.
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.
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.
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.
“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.
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.
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:
You must sign this notification and send it to our Copyright Agent at firstname.lastname@example.org. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 email@example.com so that we may disable your account.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Heights must be sent to firstname.lastname@example.org.
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
Effective Date: 06-02-2021
We collect two basic types of information from You from Your use of the Website: Personal Data and Non-Personal Data.
"Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
As a general matter, You can browse the Website without submitting Your Personal Data to Us. However, there are a number of circumstances in which You may supply Us with Your Personal Data.
We collect the following Personal Data from You:
The following are the most common ways in which You give Your Personal Data:
When You interact with the Website or Your Account through a social media platform, such as Facebook, Twitter, Tumblr, LinkedIn, YouTube, or Pinterest, We may collect the Personal Data that You make available to Us on that page including Your account ID or handle. We will comply with the privacy policies of the corresponding social media platform and We will only collect and store such Personal Data that We are permitted to collect by these social media platforms.
Please do NOT supply any other person's Personal Data to Us, unless We prompt You to do so.
We do NOT sell or license Your Personal Data to any third party.
In addition to the specific purposes for which We may process Your Personal Data set out in this clause, We may also process any of Your Personal Data where such processing is necessary for compliance with a legal obligation to which We are subject, or in order to protect Your vital interests or the vital interests of another natural person.
Specifically, We use Your Personal Data for the following:
We may share your Personal Data with the following:
Payment Services Providers. Financial transactions relating to Our Website and Services are OR may be handled by Our payment services providers, Stripe. We will share Transaction Data with Our payment services providers only to the extent necessary for the purposes of processing Your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://stripe.com/privacy.
Other Purposes. In addition to the specific disclosures of Personal Data set out in this Section, We may disclose Your Personal Data where such disclosure is necessary for compliance with a legal obligation to which We are subject, or in order to protect Our vital interests, Your vital interests, or the vital interests of another natural person. We may also disclose Your Personal Data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
We follow generally accepted industry standards to protect the information submitted to Us, both during transmission and once We receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in Our possession. This includes, for example, firewalls, password protection and other access and authentication controls.
We use HTTPS
HTTPS (Hypertext Transfer Protocol Secure) is an internet communication protocol that protects the integrity and confidentiality of data between your computer and class.synchronizedgroup.com. The use of HTTPS makes sure your communication with us is:
Encrypted — The data you exchange with us is secure from eavesdroppers. That means that when you are browsing class.synchronizedgroup.com, nobody can track your activities across multiple pages, or steal the data exchange between your computer and class.synchronizedgroup.com.
Integral — The use of HTTPS preserves the integrity of data. Your data cannot be modified or corrupted during transfer.
Authenticated — HTTPS protocol authenticates your communication with us. This ensures that you are always communicating with our servers.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information You transmit to Us or store on the Website, and You do so at Your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Our physical, technical, or managerial safeguards. If You believe Your Personal Data has been compromised, please contact Us at email@example.com.
If We learn of a security systems breach, then We attempt to notify You electronically so that You can take appropriate protective steps. We may post a notice through the Website if a security breach occurs.
Non-Personal Data includes information that does not personally identify You, but may include tracking and usage information about Your location, demographics, use of the Website and the internet.
When You interact with the Website, We may collect Non-Personal Data and Our servers may automatically keep an activity log of Your use of the Website.
We may disclose or share Non-Personal Data (or other information, other than Personal Data) in any other manner that We deem appropriate or necessary.
Among other things, We will disclose Non-Personal Data to third parties to help Us determine how users use parts of the Website and who Our users are so We can improve the Website.
We will also disclose Non-Personal Data to Our partners and other third parties about how Our users collectively use the Website.
If You are a citizen of the EU, We have summarized the rights that You have under the General Data Protection Regulation (GDPR) in this Section. Some of the rights are complex, and not all of the details have been included in Our summaries. Accordingly, You should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Right to Access. You have the right to confirmation as to whether or not We process Your Personal Data and, where We do, access to the Personal Data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Data concerned and the recipients of the Personal Data. Providing the rights and freedoms of others are not affected, We will supply to You a copy of Your Personal Data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
Right to Rectification. You have the right to have any inaccurate Personal Data about You rectified and, taking into account the purposes of the processing, to have any incomplete Personal Data about You completed.
Right to Erasure. In some circumstances You have the right to the erasure of Your Personal Data without undue delay. Those circumstances include: the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; You withdraw consent to consent-based processing; You object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the Personal Data have been unlawfully processed.
However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
Right to Restrict Processing. In some circumstances You have the right to restrict the processing of Your Personal Data. Those circumstances are: You contest the accuracy of the Personal Data; processing is unlawful but You oppose erasure; We no longer need the Personal Data for the purposes of Our processing, but You require Personal Data for the establishment, exercise or defense of legal claims; and You have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, We may continue to store Your Personal Data. However, We will only otherwise process it: with Your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
Right to Object to Processing. You have the right to object to Our processing of Your Personal Data on grounds relating to Your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in Us; or the purposes of the legitimate interests pursued by Us or by a third party. If You make such an objection, We will cease to process the Personal Data unless We can demonstrate compelling legitimate grounds for the processing which override Your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You have the right to object to Our processing of Your Personal Data for direct marketing purposes (including profiling for direct marketing purposes). If You make such an objection, We will cease to process Your Personal Data for this purpose.
You have the right to object to Our processing of Your Personal Data for scientific or historical research purposes or statistical purposes on grounds relating to Your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Right to Data Portability. To the extent that the legal basis for Our processing of Your Personal Data is consent, or that the processing is necessary for the performance of a contract to which You are party or in order to take steps at Your request prior to entering into a contract, and such processing is carried out by automated means, You have the right to receive Your Personal Data from Us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
Right to Complain to a Supervisory Authority. If You consider that Our processing of Your Personal Data infringes data protection laws, You have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of Your habitual residence, Your place of work or the place of the alleged infringement.
Right to Withdraw Consent. To the extent that the legal basis for Our processing of Your Personal Data is consent, You have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
You may exercise any of Your rights in relation to Your Personal Data through written notice to Us. See Our Contact Details at the end of this Policy.
If You are located in the European Economic Area, Your Personal Data will be processed by Synchronized Christmas, Inc.. As part of providing the Website, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
When Synchronized Christmas, Inc. processes Personal Data in the course of providing the Website, Synchronized Christmas, Inc. will:
In this Section, We provide information about the circumstances in which Personal Data of citizens of the European Union may be transferred to countries outside the European Economic Area (EEA).
We have offices and facilities in United States.The European Commission has made an "adequacy decision" with respect to the data protection laws of United States. Transfers to United States will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. A copy of the use of standard protection clauses adopted or approved by the European Commission can be obtained through: ec.europa.eu
The hosting facilities for Our Website are situated in United States. The European Commission has made an "adequacy decision" with respect to the data protection laws of United States. Transfers to United States will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. A copy of the use of standard protection clauses adopted or approved by the European Commission can be obtained through: ec.europa.eu
You acknowledge that Personal Data that You submit for publication through Our Website or Services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such Personal Data by others.
The legal basis for this processing is Our legitimate interests, namely the proper administration of Our Website and business and communications with users.
In general, if You register on the Website, You may update the information You have provided to Us.
When You register on the Website, You may be able to indicate Your preferences regarding marketing communications. You may be able to change those preferences and select the categories of communications that interest You.
You will not be able to opt-out of receiving certain service-related or transactional communications relating to the Website unless You cancel Your registration or subscription.
We provide You with reasonable access to the Personal Data that You may provide through the Website.
At any time, You may legitimately object to the processing of Your Personal Data, except if otherwise provided by applicable law. You may decline to share certain Personal Data with Us, in which case We may not be able to provide to You some of the features and functionality of the Website.
You may update, correct, or delete Your Account Data and preferences at any time by accessing Your Account settings page on the Website. If You wish to access or amend any other Personal Data We hold about You, or to request that We delete any information about You that We have obtained from an Integrated Service, You may contact Us. Please note that while any changes You make will be reflected in active user databases instantly or within a reasonable period of time, We may retain all information You submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where We otherwise reasonably believe that We have a legitimate reason to do so.
We will however retain Your information needed for administrative and transactional communications.
If You are a California resident, California Civil Code Section 1798.83 permits You to request and obtain from We, information regarding the disclosure of Your Personal Data to the third parties for direct marketing purposes in the preceding calendar year, free of charge, once a year.
California residents, who are under 18 and are registered users of We, are allowed to request and have removed, any content or information that they have posted publicly. However, in cases where the law does not require or allow the removal of information, this may not be applicable. This is under California Business and Professions Code Section 22581.
California Do Not Track Disclosure: We do not track the personally identifying information of Our users and visitors over time and across third party websites to provide targeted advertising. We respond to Do Not Track (DNT) signals. However, some other third-party websites do keep track of Your browsing activities so that they can tailor the information or advertising they present to You. If You wish to opt out of this tracking, You can enable privacy settings in Your browser.
We do not knowingly collect Personal Data from children under 13 years of age in the USA or 16 years of age in the European Union. The Website is not directed to children under the age of 13 in the USA or 16 in the European Union. We will not knowingly allow children under 13 in the USA or 16 in the European Union to register for or become users of the Website.
If You are under 13 in the USA or 16 in the European Union years of age, You should not provide Personal Data to Us.
If We discover that a child under the age of 13 in the USA or 16 in the European Union has provided Us with Personal Data and We do not have parental consent, We will immediately delete that child’s information.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but Personal Data that We store about You may be linked to the information stored in and obtained from cookies.
These are temporary cookies that contain no expiration date and are deleted after the users browser is closed. You will be required to log in again at the next session, where you will be treated as a new user
Session cookies examples: Shopping cart, remembering previous actions, managing and passing security tokens, multimedia content player session cookies, load balancing session cookies and third party social content plug in sharing cookies
These are cookies which are saved in your browser until they are deleted by the you or are deleted by your browser after they reach their expiration date.
Persistent cookies examples: Authentication, language selection, theme selection, favorites, internal site bookmarks, menu preferences, address and payment information.
Functionality cookies allow us to remember choices that have been made by you in order to create an experience that’s made to fit. These cookies safely store authentication and identification information, for example your language selection or region.
Performance cookies allow us to collect information, such as the most used pages or error messages, in order to understand how you use our website and enable us to create a better user experience. All information collected by performance cookies in anonymous.
You can disable cookie tracking and learn more about the privacy policies of the third parties We use by visiting the following links:
If you have questions or concerns regarding this policy or if you need to make a request please contact us at:
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;
“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;
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.
We may use your information to:
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.
|Operation Essential||These cookies are necessary for us to provide our Service. They help to recognize your account status, protect your account security, and remember your preferences.|
|Analytics||These cookies help us to maintain and continuously improve our Service. We use this type of cookie to help improve your experience using our Service.|
|Advertising||We use these cookies to serve advertisements that we believe may be relevant to your interests, and to measure the effectiveness of these advertisements. We also may use the information provided by this type of cookie for frequency capping purposes (ie: to ensure we are not serving the same advertisement to you too many times).|
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.
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.
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.
Without limiting the generality of the foregoing, you authorize us to use the following third party services which may also store data about you:
|Amazon Web Services||Media files||Yes|
|CloudFlare||Media files||Yes||After trial or subscription ended|
|Google Analytics||Browser identifiers||Yes|
|Help Scout||Email, name|
|Help Scout||Browser identifiers|
|Heroku||Email, name||After trial or subscription ended|
|Heroku||Password||Bcrypt encryption||After trial or subscription ended|
|Heroku||Account data/media files||After trial or subscription ended|
|Plerdy||Browser identifiers||Yes||Automatically after 6 months|
|Scout APM||Operation heuristics||Yes|
|Stripe||Credit card data||PCI Compliant|
|Transloadit||Media files||Yes||Automatically after ~24 hours|
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.
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.
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 firstname.lastname@example.org.
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.
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.
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:
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 email@example.com.
Below are the rights you have, though these are not absolute. In certain cases we may decline your request as permitted by law.
You may contact us at firstname.lastname@example.org with any questions or to exercise these rights listed above. We may require government identification to process your request and to confirm your residency.
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 email@example.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.
Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
Last Modified: December 20, 2021