Last Updated: October 6, 2022
Welcome to HearthSong web site, HEARTHSONG.COM (“Site”). The goal of this web site is to provide access to our selection of products of toys, games and gifts to as wide an audience as possible. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you.
These Terms of Use are an agreement between you and Children's Group, LLC dba HearthSong (“HearthSong,” “we,” “us” or “Company”). By accessing any areas of HEARTHSONG.COM, making a purchase on HEARTHSONG.COM, or otherwise clicking an “I Agree,” “Submit,” or similar button or checkbox when prompted, you agree to be legally bound and to abide by the terms set forth below.
If you do not agree to these Terms of Use, you must not access or use the Site.
Updates to Terms & Conditions
HearthSong reserves the right to update or modify these Terms & Conditions at any time without prior notice. Updates will be posted to this page and are effective upon posting.
Purchasing from HearthSong
Purchasing our products for resale on Amazon, or any third-party marketplace, is strictly prohibited. If you are (i) selling counterfeit goods under the HearthSong® brand name, (ii) illegally acquiring our branded products for resale, and/or (iii) parading as a seller of our branded products and then secretly purchasing them from any of the divisions of HearthSong for delivery to the customer without notice to us or the customer, you are violating HearthSong’s rights in contravention of laws governing infringement, unfair competition and/or deceptive advertising, respectively. See Lanham Act of 1946, as Amended, 15 U.S.C. §1123.
HearthSong has invested substantial time and money in developing and maintaining goodwill in its products and services, and HearthSong's rights to its intellectual property is of enormous value. Appropriation by you of HearthSong's Intellectual Property causes harm to HearthSong's business and reputation and fraudulently misrepresents to consumers, suppliers and others that you are authorized by HearthSong to sell any of our branded products. Any such conduct is a material violation of these Terms of Use and HearthSong shall be entitled to pursue any and all remedies available to it as a result.
Online Conduct
Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying HEARTHSONG.COM will not be permitted. You agree to use HEARTHSONG.COM in accordance with these Terms of Use and only for lawful purposes. You are prohibited from posting on or transmitting through HEARTHSONG.COM any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are strictly prohibited from: (i) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring, scraping, or copying any of the material on the Site; (ii) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (iii) introduce to the Site or any HearthSong system any viruses, Trojan horses, worms, malware, ransomware, logic bombs, or other material that is malicious or technologically harmful; or (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, any HearthSong accounts, the servers on which the Site is hosted or stored, or any server, computer, or database connected to the Site.
You shall not access or use the Site to impersonate, or attempt to impersonate, any other person or entity. You represent and warrant that all information you provide in connection with creating an account is truthful and accurate. You shall be solely liable for all use of your account and are responsible for changing your password and immediately alerting HearthSong if you believe the security of your account may be compromised. You are not authorized to allow any third party, whether a person or entity, including any third party acting at your request or direction, to access or use your account. Your account and your account credentials are personal to you.
You agree that we may, at our sole discretion, limit, suspend, or terminate your access to all or part of the Site without notice and cause. Any suspected illegal, fraudulent, or abusive activity is also grounds for terminating your relationship and such activity (including your personal information) may be referred to appropriate law enforcement authorities.
Intellectual Property
All the content on this website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Children's Group, LLC and its licensors. All site design, text, typefaces, graphics, videos, sound, interfaces and their arrangements are the property of Children's Group, LLC. Use of the Site and its content is granted to you via limited, personal, license only; you acquire no ownership or title to any portion of the Site or its contents by virtue of your access or use of the Site. All rights reserved by Children’s Group, LLC. You may only download, print and store selected portions of the content for your personal, non-commercial use where it is related to shopping from this site and placing an order.
Notice for Claims of Copyright Infringement - DMCA Notice and Takedown Process
HearthSong is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not share or transmit any photograph, video, text or other material or content (collectively, “Content”) though the Site that in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent, in addition to any other legally-available remedies.
Owners of copyrighted works or such agents, which believe that Content posted on the Site infringes a copyright under copyright law should contact us at happy@hearthsong.com. Contact Us with a written notice pursuant to the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512(c)) setting forth information as follows: i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; ii) a description of the allegedly infringing copyrighted work; iii) the URL or a specific description of the location on the Sites containing the allegedly infringing copyrighted work; iv) your address, telephone number, and email address; v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Upon our receipt of a proper notice of claimed infringement under the DMCA, we, where warranted, will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Please note, however, that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed and we advise that you send written notice with attachments to us through postal mail.
Disclaimers and Limitation of Liability
You expressly agree that use of HEARTHSONG.COM is at your sole risk and HearthSong shall not be liable for any damages of any kind related to your use of this website. You must be 18 years or older to register as a member or otherwise access or use this Site. The website and content are provided on an "as is" basis without warranty of any kind, including implied warranties of merchantability or fitness for a particular purpose.
HearthSong makes every attempt to ensure that the content on this website is complete, current and accurate. However, we cannot guarantee that the information contained on this website will not contain errors, inaccuracies or omissions. Such errors may relate to product availability, price or product description. HearthSong reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission. This may include orders that have been submitted, confirmed or charged to your credit card. If an order is canceled after your credit card has been charged, it will be fully refunded.
Under no circumstances shall the company or any other party involved in creating, producing, or distributing HEARTHSONG.COM be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, lost profits that result from the use of or inability to use HEARTHSONG.COM, including but not limited to reliance by you on any information obtained from HEARTHSONG.COM or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to the company's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through HEARTHSONG.COM. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
IN NO EVENT WILL HEARTHSONG OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SITE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.
Indemnification
You agree to defend, indemnify and hold harmless HearthSong and its affiliates, and each of their directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your breach or violation of any representations, warranties, covenants, obligations or other provisions set forth in these Terms of Use or your use of the Site.
Hyperlinks to Other Websites
This website may contain links to other websites that are not owned or operated by Children's Group, LLC (collectively Third Party Sites), although such sites may have an affiliation with Children's Group, LLC. You acknowledge that such Children's Group, LLC is not responsible for the availability of or content located on any Third Party Site.
Distribution/Uploading of Third Party Content
Any Content you submit or make available for inclusion on the website shall become the sole property of Children's Group, LLC. Regarding all such content, including, without limitation, creative ideas, suggestions, content, postings, artwork, photograph, material or other submissions (collectively, "User Submissions"), you grant the Company the right to use, reproduce, disclose, publish and distribute any material you submit for any reason without compensation.
No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially. Neither the Company, nor its Affiliates, nor their respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions.
In addition, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public forum, any other portion of the Web Site, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is inappropriate.
Privacy Policy
At the Company, we recognize and respect the importance of maintaining the privacy of our customers and members and have established a privacy policy as a result. In our Privacy Policy we describe why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy. Click here to read our Privacy Policy.
Transactions
You may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with the purchase of a subscription and that you have all authority necessary to purchase a subscription using the credit card or payment mechanism that you submit. By submitting such information, you grant HearthSong the right to provide such information to third parties for the purposes of facilitating your purchase. You acknowledge and agree that HearthSong is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
All product returns are subject to our return policy located here and which are incorporated by reference:
All product purchase are also subject to our shipping terms located here and which are incorporated by reference: https://www.hearthsong.com/pages/shipping-terms.
Governing Law
These Terms of Use shall be construed and governed in accordance with the laws of the State of Virginia, without giving effect to any choice or any conflicts of law provisions or rules. Any action relating to these Terms of Use shall be brought in the federal or state courts located in the State of Virginia. You hereby agree to personal jurisdiction and submit to venue by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
HearthSong is based in the United States and our offering of the Site is not intended to subject us to any laws in any jurisdiction outside of the United States. Be aware that access of the Site may result in the transfer of your information to servers located in the United States. If you access the Site from outside the United States, you consent to all such transfers. You do so on your own initiative and are responsible for compliance with all local laws. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States or complies with any laws outside of the United States.
Miscellaneous
These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and HearthSong regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Site.
If any part, term, or provision of these Terms of Use is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected, and the rights and obligations of the parties shall be construed and enforced as if these Terms of Use did not contain the particular part, term, or provision held to be illegal or invalid.
Headings of the articles and sections in these Terms of Use are for reference purposes only and shall not be deemed to have any substantive effect.
Contact Us
If you have questions regarding these Terms of Use, please email us at: happy@hearthsong.com
