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Terms of Use & Terms of Sale

Welcome to Hallmarkbaby.com, a website operated by Hallmark Babies LLC. The following is a legal agreement between Hallmark Babies LLC and its parents, subsidiaries and affiliates (collectively " Hallmark Baby") and you. By accessing this site or by purchasing goods or services, you agree to be bound by these terms of use and conditions of sale. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

Permission to Use Content

Hallmark Baby grants you a limited license to access and make personal, noncommercial use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of Hallmark Baby or where expressly permitted. You agree not to use or resell Hallmark Baby or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. In order to purchase products or services through Hallmark Baby, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.

Site Services

Hallmark Baby may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. Hallmark Baby may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.

Copyright

All content included on this site, such as text, graphics, logos, icons, photos, products, data compilations, and software, is the property of Hallmark Baby, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Hallmark Licensing, Inc. and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Hallmark Baby. This prohibition includes, but is not limited to, the use of any proprietary Hallmark characters such as Forever Friends and hoops&yoyo on any website, in emails, or in other media without express written permission from Hallmark.

User Content

By sharing content on Instagram, Twitter, Facebook, and Pinterest using Hashtags supplied by Hallmark Baby from time to time (including but not limited to #hallmarkbaby, or directly uploading content to hallmarkbaby.com, or by responding to a request by Hallmark Baby to use your content with the hashtag #YesHallmarkbaby, you are agreeing to the following with regard to such shared content (the “User Content”):

As between you and Hallmark Baby, you own copyrights in and to the User Content. You grant permission to Hallmark Baby a royalty-free, non-exclusive, perpetual, worldwide license to reproduce, display, modify, edit, create derivative work, perform, distribute, and otherwise use your User Content in connection with hallmarkBaby.com and for other commercial and marketing purposes of Hallmark Baby, including but not limited to advertisements, catalogs, email, store materials, social media, and other marketing, all without prior approval by you. You warrant and represent that you are not a minor, you own all rights to your User Content or, that you have the right to grant Hallmark Baby the rights described above, and that the User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.  By using the Services, you are consenting to Olapic’s collection of any personal information you provide, on behalf of the Hallmark Baby for use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use the Services or otherwise provide Olapic with personal information. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on Olapic’s and its customers’ behalf. By using the Services or otherwise providing Olapic with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

Member Conduct

To access many features on the site, and to purchase any goods or services, you may create an account with Hallmarkbaby.com. Any personal information you provide in connection with your account will be covered by our Privacy Policy. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify Hallmark Baby of any unauthorized access or tampering of your account, or suspected breach of security.

HALLMAKRK BABY RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY HALLMARK BABY TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

Purchase of Products or Services

You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred..

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL HALLMARK BABY BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF HALLMARK BABY OR A HALLMARK BABY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HALLMARK BABY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Disclaimer of Warranties

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HALLMARK BABY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HALLMARK BABY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HALLMARK BABY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT HALLMARK BABY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Product Information Disclaimer

It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on Hallmark Baby may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. Hallmark Baby reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.

Unsolicited Submissions

Hallmark Baby welcomes comments regarding its products and services. However, Hallmark Baby’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Hallmark Baby’s very productive staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Hallmark Baby.  None of the Information shall be subject to any obligation of confidentiality on the part of Hallmark Baby and Hallmark Baby shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

Notice

Hallmark Baby has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

Termination

This agreement will terminate immediately without notice from Hallmark Baby if in Hallmark Baby’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from Hallmark Baby and all copies thereof, whether made under the terms of this agreement or otherwise.

Disputes and Jurisdiction

In the event you violate these terms of use, in Hallmark's sole discretion, Hallmark Baby may at any time, terminate your account, suspend the delivery of or access to, services, refuse membership and/or terminate your membership or subscription, in addition to all other legal rights and remedies available to it.

This agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to Hallmark Baby or to products you purchase through Hallmark Baby shall be submitted to confidential arbitration in Kansas City, Missouri, except that, to the extent you have in any manner violated or threatened to violate Hallmark Baby’s intellectual property rights, Hallmark Baby may seek injunctive or other appropriate relief in any state or federal court in the state of Missouri, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Hallmark Baby.

Miscellaneous

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Hallmark Baby makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.

Copyright Agent

Hallmark Baby respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Hallmark Baby’s Copyright Agent and provide the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please send your copyright information to:
Copyright Agent Hallmark Cards, Incorporated
PO 419126, MD #339 Kansas City, MO 64141-6126