Terms & Conditions
Terms and Conditions
Effective April 21, 2015
Glorious Hugs, LLC ("Glorious Hugs" or "we") provides content and the opportunity to purchase our products on http://glorioushugs.com/ (the "Site") subject to these terms and conditions (the "Terms"). These Terms describe the rules for using the Site including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and are legally binding between you, the person using this Site, and Glorious Hugs. Terms such as “we,” “our” and “us” refer to Glorious Hugs.
By accessing and using the Site, you agree to be bound by these Terms. We may update these Terms at any time, and such updated versions will be posted on the Site. By continuing to use this Site after the Terms are updated, you consent to any such updated version of these Terms.
Terms of Sale
Any purchases of our products through our Site will also be governed by our Terms of Sale and policies of our third party payment processors which are expressly incorporated herein and contain policies related to shipping, returns, and other matters related to purchases.
© 2015 Glorious Hugs, LLC. All Rights reserved.
Copyright to Poems and Creative works within Care Packages
Note that our products may include original poetry and other creative works of authors that are provided with specific permission of the authors. Such works are protectable by copyright laws and the authors reserve all rights to their works. No poetry or other works contained within the care packages or on this Site may be reproduced or used in any manner without the express written permission of the author.
Use of Site Content
The content on the Site is intended to provide general information about Glorious Hugs and our products. All content on the Site, including text, graphics, icons, logos, and images and their selection and arrangement (collectively “Site Content”), is the exclusive property of Glorious Hugs or, if applicable, our licensors, and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Glorious Hugs may, in its sole discretion, suspend or discontinue the Site or any Site Content at any time without notice. With the exception of creative works of authors that are restricted as described above, Glorious Hugs gives you permission to access, download, display and print one copy of the Site Content for your personal or internal business use, provided that you do not modify any Site Content and that you retain all copyright and proprietary notices contained in the materials. You may not otherwise “mirror,” reproduce, modify, distribute, transmit, post, or use the Site Content in any other media without Glorious Hugs’ prior written consent.
The Glorious Hugs logo and other trademarks, service marks, and logos ("Trademarks") used and displayed on the Site are the registered and unregistered trademarks of Glorious Hugs. Other trademarks, service marks, logos and trade names belong to their respective owners and are used with permission and for identification purposes only. Nothing on this Site grants any license or right to use any Trademarks or other intellectual property displayed on the Site. Glorious Hugs prohibits the use of the Glorious Hugs trade name or Trademarks for advertising or marketing purposes, including displaying them on websites or in press releases, without Glorious Hugs’ written permission.
Site Content may include information about products or services that are not available in your country. To inquire about our offerings in your specific region, please contact us at email@example.com. Further, certain Site Content may be made available in languages other than English. The translations may be done by a person or solely by computer software without review. Any translations are provided as a convenience and Glorious Hugs makes no representations regarding the accuracy or completeness of the translations however provided.
Links to Third-party Websites
Additionally, if you access a non-Glorious Hugs website that includes a Glorious Hugs Trademark, for example the website of a Glorious Hugs partnering organization or client, please understand that such websites and their content are not controlled, operated or endorsed by Glorious Hugs.
User postings on Site
From time to time, the Site may have certain sections that allow you to post or otherwise publish materials on the Site. While Glorious Hugs reserves the right to reject or remove any content or posting, in whole or in part, for any reason in its discretion, Glorious Hugs does not and cannot review all information posted to the Site by users and is not responsible for such content. You agree that that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would violate the law or the rights of other parties; (c) infringe the intellectual property, privacy, or other rights of other parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Glorious Hugs shall own and have the unrestricted right to use, publish, and otherwise exploit any and all content that you post on the Site and you hereby waive any claims against Glorious Hugs for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Glorious Hugs’ use and publication of such submissions.
The Site and Site Content is intended to provide general information to the public about Glorious Hugs, our products and featured artists and is not intended to constitute medical, mental health-related or other professional advice or services. While we strive to maintain the site as accurate and up-to-date, the Site Content may include inaccurate or outdated information or information about products that are no longer available. Glorious Hugs does not represent the accuracy or reliability of any statement or information made available on or through the Site.
THE SITE AND ALL SITE CONTENT AND OUR PRODUCTS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLORIOUS HUGS AND ANY THIRD PARTY PROVIDERS OF SITE CONTENT OR PRODUCT MATERIALS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE, SITE CONTENT OR ANY PRODUCTS SOLD THROUGH OUR SITE.
Indemnification and Limitation of Liability
You agree to defend, indemnify, Glorious Hugs and its subsidiaries, affiliates, officers, directors, employees and agents as well as any third party providers of Site-related services or Site Content (“Site-Related Parties”), harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of these Terms or your use or misuse of the Site Content or Site.
YOU AGREE THAT NONE OF THE SITE-RELATED PARTIES NOR ANY PROVIDERS OF CARE PACKAGE CONTENTS OR MATERIALS SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, SITE CONTENT OR PRODUCTS SOLD ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE SITE-RELATED PARTIES AND PRODUCT PROVIDERS, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE SITE-RELATED-PARTIES AND PRODUCT PROVIDERS, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $10.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE SITE-RELATED PARTIES OR PROVIDERS OF CARE PACKAGE CONTENTS OR MATERIALS, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR CONTENT ARE EXCLUDED EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AND THE PRODUCTS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE SITE CONTENT OR THE PRODUCTS SOLD THROUGH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE PRODUCTS.
Governing law; Jurisdiction
These Terms are governed by the laws of the State of Minnesota without reference to the principles of conflicts of laws thereof. You agree that the only proper jurisdiction and venue for any dispute with Glorious Hugs relating to your use of this Site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Glorious Hugs or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site or purchase of our products, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
If you have any questions about these Terms or the operation of the Site, you may contact us by email at firstname.lastname@example.org, by phone at 651.706.1343 or by mail at: Glorious Hugs, LLC 51 Dellwood Cove, Dellwood MN 55110.