Effective Date: December 8, 2022
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”), INCLUDING THE MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR (EXCEPT FOR BATCH ARBITRATION, AS DESCRIBED BELOW) CONSOLIDATED BASIS.
These terms constitute a binding agreement between you and HappyColoringHub, LLC (“HappyColoringHub,” “we,” or “us”) governing your use of any website, mobile or other app, product, feature, or other service offered by us that posts a link to or otherwise provides these Terms (collectively, the “HappyColoringHub Properties”). In addition, certain of the HappyColoringHub Properties are governed by additional, service-specific terms (collectively, “Supplemental Terms” and including, without limitation, the Purchase Terms and HappyColoringHub.com Text Message Terms). The Supplemental Terms are incorporated into these Terms by reference. To the extent there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control with respect to the applicable service(s).
By accessing the HappyColoringHub Properties and/or transacting with the HappyColoringHub Properties, you agree to be bound by these Terms, and where applicable, the Supplemental Terms. Your use of the HappyColoringHub Properties is also governed by our Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS, ANY APPLICABLE SUPPLEMENTAL TERMS, OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE HappyColoringHub PROPERTIES.
Changes to this Agreement
To the maximum extent allowed by applicable law, we reserve the right to change these Terms and the Supplemental Terms at any time without prior notice. When we make changes, the new Terms will be made available at the HappyColoringHub Properties, and any new Supplemental Terms will be made available from within, or through, the affected services on the applicable HappyColoringHub Properties . We may also provide notice to you in other ways, such as through contact information you have provided. Your continued use of any of the HappyColoringHub Properties after the effective date of the revised Terms and/or Supplemental Terms as applicable (or engaging in such other conduct as we may reasonably specify) will constitute your consent to those changes to the fullest extent allowed by applicable law.
Changes to Services
HappyColoringHub may modify, suspend, or discontinue any aspect of the products or services we offer through the HappyColoringHub Properties (collectively “Services”), at any time for any reason, with or without notice to you, including the availability of any HappyColoringHub Property, or any feature or Content (defined below) of a HappyColoringHub Property.
HappyColoringHub Content
Except with respect to User Content (defined below), HappyColoringHub, its licensors, or suppliers own all rights, title, and interest in and to the intellectual property contained within the HappyColoringHub Properties (collectively, “HappyColoringHub Content”). The HappyColoringHub Content is protected by United States and international laws. The HappyColoringHub Content and the User Content are collectively referred to in these Terms as “Content.”
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, app, or other service, or in any way exploit, any of the HappyColoringHub Content, in whole or in part, except as set forth in these Terms, without the specific permission of HappyColoringHub.
Subject to your compliance with these Terms and any applicable Supplemental Terms, HappyColoringHub grants to you a limited, revocable, non-exclusive, non-transferrable license to engage in the following activities for non-commercial purposes only:
To browse, access, and view any of the HappyColoringHub Properties and the Content therein that is available to the public without registration; and, if you have registered or subscribed as required by the applicable Service, to browse, access, and view Content available to such registered or subscribed viewers;
To download, install, and use a copy of any downloadable application or other Content comprising or available through HappyColoringHub Properties (e.g., coloring pages or a HappyColoringHub mobile app governed by these Terms) on any computing device that you own or control solely for your personal or family use;
To link to the HappyColoringHub Properties, provided, however, that your website or any third-party websites that link to the HappyColoringHub Properties: (a) must not frame or create a browser or border environment around any of HappyColoringHub Content or otherwise mirror any part of the HappyColoringHub Properties; (b) must not imply that HappyColoringHub is endorsing or sponsoring it or its products or services, unless HappyColoringHub has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in HappyColoringHub sole opinion, harm HappyColoringHub or its Services; (d) must not use any HappyColoringHub trademarks without the prior written permission from HappyColoringHub; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in HappyColoringHub’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to a HappyColoringHub Property, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, HappyColoringHub reserves the right to prohibit linking to the HappyColoringHub Properties for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
The foregoing license does not include any right to modify, publish, participate in the transfer or sale of, reproduction, or creation of derivative works from the HappyColoringHub Content or the HappyColoringHub Properties, except as and only to the extent expressly stated above.
User Content
You and other users may have the ability to upload to, transmit through, or otherwise make available (collectively, “Upload”) through the HappyColoringHub Properties personalized messages, audio, video, photographs, files, data, reviews, discussions in community forums, or other materials (collectively, “User Content”). You are solely and entirely responsible for User Content that you Upload using the HappyColoringHub Properties. You acknowledge that other users of the HappyColoringHub Properties, and not HappyColoringHub, are similarly responsible for all User Content they Upload using the HappyColoringHub Properties. You agree that you have no right, title, or interest in or to any Content that you have not Uploaded that appears on or through the HappyColoringHub Properties.
You acknowledge that HappyColoringHub has no obligation to pre-screen, monitor, or investigate User Content, but that it reserves the right to do so.
Subject to any applicable account settings that we may choose to make available to you, and which you may then choose to select, you grant to HappyColoringHub a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, distribute, reproduce, modify, adapt, translate, create derivative works of, publicly perform, and publicly display your User Content, in whole or in part, together (at HappyColoringHub’s option) with the names, voices, likenesses, or other protectable personal attributes of any persons identifiable therein, in any form, media, or technology now known or later developed, for the purposes of operating and providing the HappyColoringHub Properties and their services to you and to other users. Notwithstanding the foregoing, with respect to User Content that is provided to HappyColoringHub solely for the purpose of incorporating such User Content into a product or service ordered by you, you grant such right to HappyColoringHub for the sole purpose of making and delivering products and services ordered by you.
Except as otherwise described in our Privacy Policy, any User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with HappyColoringHub is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not impose any confidentiality obligations on HappyColoringHub.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, HappyColoringHub does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to HappyColoringHub are included in the above license you grant to HappyColoringHub for any User Content.
You agree and understand that we are not obligated to post, keep or use your User Content.
You represent and warrant that you are the owner of all rights, title, and interest in and to the User Content you Upload (or such User Content is in the public domain), or otherwise have all rights necessary to grant the license provided for in these Terms, including without limitation that any other holder of any worldwide intellectual property right, including moral rights (to the extent allowed by applicable law), in the User Content you Upload, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further warrant that the User Content you Upload is accurate, does not violate these Terms, and will not cause injury to any person or entity.
If you send an item (such as a product, activity, or gift) to another individual – whether such item is physical or digital – you represent and warrant that you have the consent of the recipient to send that item. You acknowledge and agree that you, not HappyColoringHub, are the sender of such item, and that we act merely as a delivery agent.
Intellectual Property Claims
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), HappyColoringHub has a designated agent for receiving notices of copyright infringement, and we follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
An identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the material that you claim is infringing or to be the subject of infringing activity, together with information reasonably sufficient for us to locate the material on the HappyColoringHub Properties;
Information reasonably sufficient to permit us to contact the complaining party;
A written 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
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.
Please send this information to our Copyright Agent:
Legal Division
Hallmark Cards, Incorporated
2501 McGee Trafficway
MD 339
Kansas City, MO 64108
Phone: 1-816-274-5583
Email: [email protected]