Agreement between user and www.hellowonderful.co
Welcome to the website and online service of hello, Wonderful. The www.hellowonderful.co website (the "Site") is comprised of various web pages operated by hello, Wonderful ("HW," "we," or "us"). www.hellowonderful.co is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.hellowonderful.co constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.hellowonderful.co is an information website written by a group of individuals who wish to provide parents a way to easily discover wonderful ideas and products to create and share with their kids.
HW cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Visiting www.hellowonderful.co or sending emails to HW constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HW is not responsible for third party access to your account that results from theft or misappropriation of your account. HW and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
HW does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.hellowonderful.co only with permission of a parent or guardian.
Links to third party sites/Third party services
www.hellowonderful.co may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HW and HW is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HW of the site or any association with its operators.
Certain services made available via www.hellowonderful.co are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.hellowonderful.co domain, you hereby acknowledge and consent that HW may share such information and data with any third party with whom HW has a contractual relationship to provide the requested product, service or functionality on behalf of www.hellowonderful.co users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HW or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HW content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HW and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HW or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your HW account to third party accounts. By connecting your HW account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by HW from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the HW Content accessed through www.hellowonderful.co in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless HW, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HW reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HW in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HELLO WONDERFUL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HELLO WONDERFUL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HELLO WONDERFUL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HW features photos from other websites to showcase the best the web has to offer to our readers. HW will always properly source, credit, and link back to the original bloggers, content site or products which ideas we feature. It is HW's intent to showcase these websites' creative work or products and properly source their work. These photos are the copyright property of the website owners.
HW respects content owners' rights and complies with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please notify HW's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit HW to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
hello, Wonderful LLC
In accordance with the DMCA and other applicable law, HW has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. HW may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Giveaways or "Sweepstakes"
We may at times offer giveaways or "sweepstakes" to our readers. Sweepstakes are open only to U.S. residents 18 years of age or older at the time of entry. Void where prohibited by law. Sponsors, and writers of HW and their respective affiliates, as well as all others involved in this promotion and their immediate families (defined for the purposes of this Sweepstakes as parents, spouses, children, siblings and household members) are not eligible. Sweepstakes is subject to all federal, state, and local laws and regulations.
Prize(s) will be awarded in a drawing done at the conclusion of the Sweepstakes on or about date of drawing to one (1) winner, selected at random by HW from among all eligible entries received throughout the Promotional Period. The odds of winning depend on the number of eligible entries received throughout the entire Sweepstakes. Prize(s) will be awarded in a random drawing by HW whose decisions on all matters relating to the Sweepstakes will be binding and final. Winner will be notified on or about two (2) days following winner selection. Winners will be chosen randomly and notified by email. Winners must respond within 48 hours or another winner will be chosen by HW.
Sweepstakes are valid in the United States only. If you do not live in the United States, do not enter the Sweepstakes. If for any reason the Sweepstakes including, but not limited to, the online portion, does not function as planned, its integrity or feasibility is undermined, or anything compromises the administration, security, fairness, proper conduct or intended play of the Sweepstakes, Sponsor reserves the right at its sole discretion to disqualify any individual the Sponsor deems responsible, and/or to abbreviate, cancel, terminate, modify, or suspend the Sweepstakes. Sponsor assumes no responsibility for any defect or delay in operation or transmission, communications failure, theft, destruction or unauthorized access to, or alteration of, entries, including any erroneous appearance of qualification for a prize. If the Sponsor, in its discretion, elects to abbreviate the Sweepstakes, the Sponsor reserves the right, but shall have no obligation, to award the prize(s) from among all valid and eligible entries received up to that time. All entries are the property of the Sponsor and are not returnable.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sweepstakes entries generated by a script, macro, or other automated means are ineligible and will be disqualified.
RELEASE OF LIABILITY: By entering, entrant agrees to accept and abide by the rules of the Sweepstakes and agrees that any dispute with regard to the conduct of the Sweepstakes, rule interpretation, or award of prize, shall be resolved by Sponsor in its sole discretion, whose decision shall be binding and final. By participating, entrant agrees to release and hold harmless the Sponsor and any respective parent companies, affiliates, subsidiaries, and the officers, directors, employees, agents and representatives of each from any injury, loss or damage to person or property due in-whole or in-part, directly or indirectly to the acceptance, use, or misuse of a prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of prizes, including such error as may give an erroneous indication that a prize has been won.
HW reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HW as a result of this agreement or use of the Site. HW's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HW's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HW with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HW with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HW with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
HW reserves the right, in its sole discretion, to change the Terms under which www.hellowonderful.co is offered. The most current version of the Terms will supersede all previous versions. HW encourages you to periodically review the Terms to stay informed of our updates.
HW welcomes your questions or comments regarding the Terms.
This Term of Use is effective as of September 1, 2013