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Terms of Service HeartShine Productions, LLC
Jean Voice Dart, Owner

Effective Date: January 1, 2025
 

Welcome to HeartShine Productions, LLC. ("we," "our," or "us"). We provide health and wellness educational services through publications, manuals, books, workshops, classes, and private sessions. We partner with other organizations to produce written materials, collaborative educational products, and services through live, electronic, online, or printed presentations. By accessing or using our website, mobile applications, and other online services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. 
 

1. Use of Services 

• Eligibility: You must be at least 18 years old to use our contractual Services. By using our Services, you represent and warrant that you meet this age requirement. 

• Account Registration: You may be required to create an account to access certain features of our Services. You agree to provide accurate and complete information when registering for an account and to keep your account information up-to-date. 

• Prohibited Activities: You agree not to engage in any activity that violates these Terms, including but not limited to: (a) using our Services for any illegal purpose; (b) infringing on the intellectual property rights of others; (c) interfering with the operation of our Services; (d) attempting to gain unauthorized access to our systems or accounts. 

 

2. Image, Likeness, and Marketing  

• Image and Likeness: For purposes of marketing and production,  you hereby irrevocably grants to HeartShine Productions, the rights to photograph, video, and record by any media, method, or means (the following, individually and collectively, the “Materials”): (i) Your likeness, (ii)  your voice,  (iii) all media, performances and other visual elements and sounds featuring you, or created or furnished by you and (iv) your name, sobriquet, and biographical information.     

• Media and Materials: You grant HeartShine Productions the rights to use the Materials via any and all media, methods, or means now known or hereafter devised for any and all use, including but not limited to promotion, editorial, advertising and/or commercial purposes, to alter without restriction, to use in any form or format now known or later known without further consent from or royalty, payment, or other compensation to you, in order to support you and provide the unique services you requested of HeartShine Productions. 
   

3.    Intellectual Property 

• Ownership: All content and materials available on our Services, including but not limited to text, graphics, logos, manuals, books, audio recordings, video recordings, and software, are the property of HeartShine Productions, LLC, or our licensors and are protected by copyright, trademark, and other intellectual property laws. 

• Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use HeartShine Production Services for personal, non-commercial purposes. You may not reproduce, distribute, or create derivative works from any content on our Services without our prior written consent. 
   

4. User Content 

• Responsibility: You are solely responsible for any content you submit, post, or transmit through our Services ("User Content"). You represent and warrant that you have the necessary rights to grant us the license to use your User Content. 

• License: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display your User Content in connection with our Services. 
   

5. Disclaimers and Limitation of Liability 

• No Warranties: Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted or error-free. 

• Limitation of Liability: To the fullest extent permitted by law, HeartShine Productions, LLC, shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Services. 
   

6. Indemnification  
You agree to indemnify and hold harmless HeartShine Productions, and its owner, affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of your use of our Services or your violation of these Terms. 
 

7. Termination  
We reserve the right to terminate or suspend your access to our Services at any time, without notice, for any reason, including but not limited to your violation of these Terms. 
 

8.  General Provisions 

The terms, covenants, and provisions of this agreement shall inure to the benefit of HeartShine Productions, its successors, assigns, and/or other legal representatives, and shall be binding upon you, your respective heirs, legal representatives, and assigns. This Agreement constitutes the complete agreement between you and HeartShine Productions and supersedes any prior oral or written agreement or understandings. No modification, renewal, extension, and/or waiver of this agreement or any of its provisions shall be binding upon the party against whom enforcement of such modification, renewal, extension, or waiver is sought, unless made in writing and signed on behalf of such party by one in authority to do so.  
 
9.  Signature 
The parties agree that this Agreement may be executed and delivered in counterparts and by electronic signatures and that electronic signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.  
 
10. Legal Requirements 
This Agreement shall be governed by the laws of California. Any Action or proceeding of any kind arising out of this Agreement or with respect to it shall be instituted and tried in the courts in accordance with the laws of the jurisdiction in the county of Monterey, and the state of California, without regard to its conflict of law principles. 
 

11. Contractual Obligations and Withdrawal Policy
When you enter into a service agreement with HeartShine Productions, LLC — including but not limited to collaborative authorship, participation in group programs, workshops, classes, coaching series, or other scheduled services — you acknowledge that your participation is part of a coordinated group process with shared timelines, deliverables, and production commitments.
 

11.1 Commitment to Deliverables  

By agreeing to participate in a collaborative or scheduled service, you agree to fulfill all deliverables, deadlines, and participation requirements outlined in your specific agreement.
 

11.2 Withdrawal After Agreement  

If you choose to withdraw after entering into a service agreement, you may do so; however, all payments made are non‑refundable, and you remain responsible for any deliverables or obligations already in progress unless otherwise agreed to in writing by HeartShine Productions.
Section 11.3 outlines a specific exception for collaborative group projects, and Section 11.4 describes limited discretionary exceptions.

11.3 Impact on Group Projects (Exception to 11.2)

For collaborative publications or group programs, withdrawal after project kickoff or within 30 days of the scheduled start date creates substantial disruption to timelines, production flow, and group cohesion. To be eligible for any refund under this exception, written notice of withdrawal must be received at least 30 days before the scheduled kickoff date, and a suitable replacement participant must be secured who agrees to join the project at the same investment level and within the required timelines. If no replacement participant is found, or if notice is provided fewer than 30 days before kickoff, all payments remain non‑refundable, consistent with Section 11.2.

11.4 Discretionary Exceptions  

HeartShine Productions may, at its sole discretion, grant exceptions in extraordinary circumstances. Any exception must be made in writing and signed by HeartShine Productions.
 

12. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect without being impaired or invalidated.

13. Changes to Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our Services after the changes become effective constitutes your acceptance of the new Terms. 
 

14. Contact Us
If you have any questions about these Terms, please contact Jean Voice Dart, Owner of HeartShine Productions, at P.O. Box 163, Marina, CA 93933, https://www.jeanvoicedart.com/contact  Thank you.