Terms of Use

Last Updated: August 23, 2023

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.

Hearthsong Cosmic Crew Loyalty and Rewards Membership Terms
 

Who these Membership Terms apply to
These Membership Terms and Conditions (“Membership Terms”) apply to all members of the

Hearthsong Cosmic Crew Rewards Program (hereafter the “Program”) offered by Hearthsong/The Children’s Group LLC (together with its affiliated companies, “Company” or “We”).

By registering to join our Program through our website: www.hearthsong.com (the “Site”) you will become a Hearthsong Cosmic Crew Loyalty and Rewards Member (“you” or “Member”) and confirm that you have accepted these Membership Terms. If you do not agree to these Membership Terms in their entirety you must not register to join the Program. PLEASE READ THESE MEMBERSHIP TERMS CAREFULLY.

Other Policies and Procedures
These Membership Terms are subject to the Hearthsong Privacy Policy found at https://www.hearthsong.com/pages/privacy-policy (the “Privacy Policy”). Members may use the Site in connection with their membership and subject to the Terms of Use of the Site, which are found at https://www.hearthsong.com/pages/terms-of-use.  

Changes to these Membership Terms and the Program
These Membership Terms may be updated from time to time and are available for review on our Site and will supersede all previous versions of these Membership Terms. You must check our Site for any changes to these Membership Term each time you intend to use the Program as they may affect your ability to collect and use Dream Dollars already accumulated. You are responsible for remaining knowledgeable about these Membership Terms.

Definitions used throughout these Membership Terms
“Qualifying Purchases” means any products and services from the Site that are not Non Qualifying Purchases, as described below.

“Non Qualifying Purchases” The following are not Qualifying Purchases: (A) sales and use taxes; (B) service fees; (C) donations to charitable organizations; (D) commercial account purchases, including, without limitation, any purchase made with a corporate credit card, unless specifically approved in writing by Company; (E) purchases of gift cards and e-gift cards; (F) any redemption of Dream Dollars (as defined below) for some part or all of the purchase price; (G) shipping and delivery charges; (H) purchases from third-party vendors on Company- branded and Company-sponsored websites if to complete a purchase the customer is redirected to the vendor’s designated website (other than a participating Company-branded or Company- sponsored website); (I) sales or auctions on eBay or any other websites; (J) the portion of any purchase price which is eliminated due to a coupon or other discount, and (K) any other items which Company, from time to time in its sole discretion, may be required to exclude based on any applicable laws or regulations.

The Program
By becoming a Member and joining the Program you can earn Dream Dollars to redeem against purchases on the Site.

You can convert the Dream Dollars earned into monetary discounts, which can be redeemed against purchases on our Site. There is no fee for being a Member. For more information on earning points and point redemption see sections 9 and 11 below).

Eligibility
In order to be able to join the Program you must:

Be 18 years of age or older, and
provide your first name, last name, a valid unique email address (that you have a right to use) and a password
(the “Participation Requirements”).

Additionally, participants may be invited to optionally provide information such as: (A) the Member’s postcode, (B) the Member’s phone number; (C) the Member’s child’s birthdate, child’s name, child’s gender, or the Member’s relationship to the child; and/or (D) the Member’s social media accounts.

We may request proof of identification and age to verify (A) your eligibility for Program membership, (B) membership participation, and (C) your compliance with these Membership Terms.

Employees of Company may be Members of the Program, provided, however, that certain Program-related events and rewards may be limited to non-employees in Company’s sole discretion.

If as a result of a change by Company in the Participation Requirements a Member no longer meets the requirements for participation, then, from the date of such change, such Member will no longer be entitled to earn Dream Dollars or receive other Member benefits (and all purchases from the date of such change by such Member will be considered Non-Qualifying Purchases), unless and until such Member meets the revised Participation Requirements.

Becoming a Member
You can become a member of the Program by opting in at the time of a qualifying purchase. In order to become a member of the Program, you must have a current a valid Hearthsong.com account.

You will be asked to enter an email address and create a password that you will use to access your Member account. You will be responsible for maintaining the confidentiality of your log in details and will remain responsible for all activities that occur with respect to your log in details, whether or not you authorize the activities.

The Program is for personal use only and as such you can only register in the name of an individual (not a business).

You may only have one membership account in your name. If you have more than one account we may, in our discretion, combine your accounts into one membership account. If you have multiple accounts, we also reserve the right to close accounts at any time in our discretion.

Except as expressly permitted by Company in its discretion, accounts and Dream Dollars are not transferable and may not be sold, resold, exchanged, or bartered.

Unauthorized use of your account
If your membership is accessed by someone else through the Site, you may lose Dream Dollars you have earned in the same way as if you lost your wallet.

You should immediately report any fraudulent or unauthorized use of your membership to us.

If you need to change any of the details you provided when you registered your account, please contact our Customer Service by email at happy@hearthsong.com or by phone at 1-888-271-7273.

How to earn Dream Dollars
By becoming a Member you can earn Dream Dollars:

-         at a rate of 5% in Dream Dollars earned based on your total product purchase amount by purchasing Qualifying Purchases from our Site;

-         at varying rates as described on the Cosmic Crew Rewards Page on the Hearthsong.com website by taking part in non-purchase activities (as explained to you on our Site) pursuant to the terms and conditions governing those activities, which are incorporated into, and become a part of, these Membership Terms; and

-         during promotional offers, pursuant to the terms and conditions of promotional offers, which are incorporated into, and become a part of, these Membership Terms (“Additional Dream Dollars”). Company reserves the right in its sole discretion to determine the terms and conditions of any Additional Dream Dollars offer and to modify or terminate any Additional Dream Dollars offer for any reason.

(collectively (“Dream Dollars”)).

Our Site will tell you how many Dream Dollars you will earn, depending on how you earn those Dream Dollars via the Site.

Company reserves the right, in its sole discretion, to modify at any time the amounts and rates at which Dream Dollars are earned.

Dream Dollars you earn or are awarded may be subject to taxation, for which you are solely responsible.

When will the Dream Dollars be issued to your account?
DREAM DOLLARS ARE NOT EARNED ON QUALIFYING PURCHASES MADE PRIOR TO YOUR ENROLLMENT DATE OR PRIOR TO THE START DATE OF ANY ADDITIONAL DREAM DOLLARS OFFER OR PROMOTION.

We hope to issue Dream Dollars into your account instantly; however, it may take us a little longer. Please do contact us if there is a delay of more than 5 days from your purchase to receiving your Dream Dollars. You may review your Dream Dollars balance in your Cosmic Crew account on the Site (or such other site as designated by Company from time to time). You do not acquire property rights in any Dream Dollars in, or earned but not yet issued into, your Cosmic Crew account.

How to redeem Dream Dollars?
Except as otherwise determined by Company in its sole discretion, Members can earn rewards in the form of monetary discounts.

There are 3 tiers of membership, depending on your lifetime spend as a Hearthsong.com customer, which can be redeemed at checkout:

“Cloud Hoppers” – lifetime spend up to and including $249
“Rainbow Riders” – lifetime spend from $250 up to and including $799
“Star Catchers” – lifetime spend $800 and above
(“Rewards”).

Your account will be credited with your Dream Dollars. You can redeem your Dream Dollars on your next purchase at Hearthsong.com.

Dream Dollars expire as follows:

“Cloud Hoppers” – Dream Dollars earned expire 90 days from the date earned
“Rainbow Riders” – Dream Dollars earned expire 180 days from the date earned
“Star Catchers” – Dream Dollars earned expire 365 days from the date earned
Written or Photo/Video Review – Dream Dollars earned from submitting an eligible written or photo/video review expire 90 days from the date earned
Dream Dollars are not valid for cash. The Company is not responsible for expired Dream Dollars and expired Dream Dollars will not be re-issued.

You may use your Dream Dollars to pay all or a part of the purchase price for Qualifying Purchases.

DREAM DOLLARS HAVE NO CASH VALUE AND MAY NOT BE REDEEMED FOR CASH, CREDIT, OR OTHER VALUE. NO CREDIT, CASH, OR OTHER VALUE WILL BE GIVEN FOR UNUSED DREAM DOLLARS.

Company may establish multiple levels of Rewards that differentiate among Members that reflect a Member achievement of specified levels of Qualifying Purchases and/or similar criteria.

Company may from time to time make promotional codes available for use on purchases; Company reserves the right to limit the number of promotional codes that may be used per purchase.

Company may also award Dream Dollars to Members, or to any subset of Members from time to time. Company may attach additional or different terms to any Dream Dollars awarded by Company, including, without limitation, establishing different (including shorter) expiration dates for any Dream Dollars provided by Company. Company may limit the availability of any Program promotion, in whole or in part, to any Member(s) at any time.

Membership linking
The Company may link your membership to identifiers such as your email address, phone number etc (each an “Identifier”). An Identifier may only be linked to one Member at a time. All Dream Dollars earned when that Identifier is present will be posted to the membership account linked to that Identifier (and all purchases made when that Identifier is present will be visible under the “Account History” section of the Site). If another member attempts to register an Identifier that you have already registered (e.g., someone who shares the same email address as you), the new Account will be rejected. If members from the same household wish to merge accounts, email happy@hearthsong.com for more information.

What happens to your Dream Dollars when you return a Qualifying Purchase?
Any Dream Dollars you earn on a Qualifying Purchase may be deducted from your Cosmic Crew account if you return the merchandise, or cancel the service, comprising that Qualifying Purchase, even if: (A) you have redeemed those Dream Dollars prior to the return or cancellation, (B) some or all of the Dream Dollars deducted from your account are not related to the Qualifying Purchase for which such return or cancellation is made, and (C) the deduction from your Dream Dollars account results in a negative Dream Dollars balance.

If, following a return or cancellation, the number of Dream Dollars that we need to deduct from your Cosmic Crew account (to reflect the Dream Dollars earned from the purchase) exceeds the current Dream Dollars account balance, Company reserves the right to determine the value of the Dream Dollars shortfall and reduce the amount of your refund or credit by such value.

Changes to your account, fraud and errors
Company may adjust your Dream Dollars balance or Rewards, at any time without notice, due to any (A) computer error, (B) technical issues experienced by Company, (C) machine malfunction, (D) employee, customer, or other error, fraud or other misuse of Dream Dollars or the Program, or (F) change to the Program. All transactions involving Dream Dollars are subject to review and verification by Company. All Dream Dollars are for one-time use, and all transactions involving Dream Dollars are final unless otherwise determined by Company.

Cancelling your membership
You can cancel your membership at any time by emailing us at happy@hearthsong.com or calling 1-888-271-7273 . If you cancel your membership, you will lose the right to redeem all Dream Dollars that are unused at the time of cancellation.

We may, at our sole discretion, suspend your use of your membership (including your right to redeem Dream Dollars), terminate your membership or cancel Dream Dollars you have earned if we have reason to believe that you (A) are in breach of these Membership Terms (B) are abusing your membership, (C) are engaged in fraudulent or other criminal activities relating to your membership, or (D) have supplied false or misleading information to us.

We may amend, suspend or cancel the Program at any time without notice to you.

General Terms
All references by the Company on the Site, or otherwise, to the Hearthsong Cosmic Crew Loyalty and Rewards program shall be deemed references to the Program.

If a court invalidates some of the provisions of these Membership Terms, the rest of it will still apply.

Our failure to insist upon or enforce your compliance with these Membership Terms does not mean that we can’t require you to do it later.

You acquire no property rights in your password, Member number, or Cosmic Crew account. You may not give access to your Cosmic Crew account to any third-party on-line service, including but not limited to any points management service, points tracking service, points aggregation service, or other service.

Complaints & Disputes
Hearthsong/The Children’s Group LLC aims to deliver the highest possible quality regarding its products and services. Should you have any complaints, you can direct them to us by phone or e-mail to Hearthsong Customer Service.

These Membership Terms are governed by U.S. laws. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Membership Terms, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

If you are based in the EU and have gone through the complaint procedure, but you want your complaint referred to another authority, you can contact the Dispute Commission via the European ODR Platform: http://ec.europa.eu/consumers/odr/

Product Testing Information
7021 Wolftown-Hood Road Madison, VA 22727.

 Contact Us

If you have questions regarding these Terms of Use, please email us at: happy@hearthsong.com