Terms and Conditions
Broder Concepts Inc. Terms and Conditions
User's Acknowledgment and Acceptance of Terms
RedOrb, (a trademark and/or fictitious business name of Broder Concepts, Inc., a California corporation ("RedOrb", "Us" or "We") provides the Huggalo site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms and Conditions"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
These Terms and Conditions are effective as of 3/12/12. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
As used in these Terms and Conditions, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
Visitors who choose to purchase goods and/or services via our Site must be 18 years of age or older to make any such purchases. We do not control the Shop Sites that sell our products, nor are we responsible for the policies or practices of such Shop Sites.
We make every effort to display as accurately as possible the images of our products. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. Moreover, RedOrb disclaims any responsibility for any inadvertent mistakes or inaccuracies in any product. Also note that all product and service descriptions, prices, and availability are subject to change at any time, without notice.
Code of Conduct
RedOrb may choose to offer "community" features on this Site, such as links, message or bulletin boards, forums, and chat rooms. In such events RedOrb will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Site, although RedOrb reserves the right to do so in its sole discretion. RedOrb does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties and such content does not necessarily reflect the views of RedOrb.
As to any information or content that you upload or post to this Site, you represent and warrant to RedOrb that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Site any information or content which: (a) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right, (b) is defamatory, libelous, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, expresses hate or is otherwise improper content, (c) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature, (d) has a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services), or (e) otherwise violates any applicable law or treaty.
RedOrb reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. RedOrb also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Site that RedOrb reasonably believes violates these Terms and Conditions and to deny access by any user to this Site for any reason.
RedOrb does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Site. Any such third party comments, opinions or statements placed on the Site are the views and responsibility of those who post the statements, and do not necessarily represent the views of RedOrb.
Investigations; Cooperation with Law Enforcement; Termination
RedOrb reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms and Conditions, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms and Conditions to the full extent of the law, and (e) discontinue this Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. Upon any termination, you agree to discontinue your use and access of the Site and to immediately destroy all materials obtained from it.
Privacy and Security Measures
Disclaimers and Limitations of Liability
This Site may include technical inaccuracies or other errors, and your use and browsing of this Site is at your risk. This site and the content are provided on an "as is" and "as available" basis, without warranty of any kind, either expressed or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement. RedOrb does not warrant that this site or the content will meet your requirements or achieve a particular result, or that your use of this site will be uninterrupted or error-free, or that this site, content or the server that makes them available are free of viruses or other harmful components. Moreover, RedOrb does not represent or warrant that the content available via the site is accurate, complete or current, and RedOrb is not responsible for any errors or omissions therein or for any adverse consequences resulting from your reliance on any aspect of the site. Your use of this site and the content is at your own risk. If your use of this site or the content contained on this site results in your need to service or replace any property, material, equipment, data, or other item, you are solely responsible and RedOrb will not be liable for those costs. No advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the generality of the foregoing, under no circumstances, including but not limited to breach of contract, tort or negligence, will RedOrb be liable for any direct, indirect, special, punitive, incidental or consequential damages that arise out of or in connection with your access to, use of, browsing in this site or your downloading of any content, materials, data, text, images, video or audio from the site even if advised of the possibility of such damages. The disclaimers and limitations contained in this paragraph are a material part of our agreement to provide this site to you. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, those aspects of the above limitation may not apply to you. In no event shall RedOrb be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site (including, without limitation, any submitted materials). Without limiting the generality of the foregoing, in no event shall RedOrb’s total liability to you for all damages, losses and causes of action (if any) exceed, in the aggregate, the amount, if any, paid by you to us for your use of the site or for any of your activities on the site.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Links by You to this Site
You may not create hyperlinks to this Site without our prior approval.
Links on this Site to and from Other Sites
Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Site. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from REDORB's policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Site (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). REDORB hereby disclaims all liability, direct or indirect, in connection with therewith.
Intellectual Property Information
All characters, character names, slogans, logos, and related indicia on the Site, including without limitation, the marks listed below, are copyright, trademarks and/or registered trademarks of Broder Concepts Inc., and RedOrb. All Rights Reserved. You may not use any trademark or service mark appearing on this Site without the prior written consent of the owner, and nothing contained in this Site should be construed as granting, by implication, or otherwise, any license or right to use any trademark or service mark without such prior written consent.
The following are trademarks of Broder Concepts, Inc. All Rights Reserved:
Brave Little Troopers®, Huggalo®, 3Versible®, Book Blanket®, It Changes Everything®, Let’s Hugg™, Get a Hugg™, Hugg a Hero™.
The following words and character names are each copyrights 2012 of Broder Concepts, Inc., Just 3verse it!, Get a Hugg, Give a Hugg, and Hugg It Out!
Hugga, Huggsley, Huggabelle, Doodle Dude, Autograph Doll, Camo Joe and Camo Flo are protected by United States and international copyright and other intellectual property laws. All Rights Reserved.
Procedure for Alleging Copyright Infringement
REDORB will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Site, then send us a written notice that includes all of the following:
(i) a legend or subject line that says: "DMCA Copyright Infringement Notice";
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
(vii) your electronic or physical signature.
REDORB will only receive DMCA notices by mail or e-mail at the addresses below:
By Mail: Broder Concepts Inc.
280 S Beverly Dr.
Beverly Hills, CA 90212
By E-Mail: firstname.lastname@example.org
REDORB may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and REDORB may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may contact REDORB at 877-748-4425.
You agree to indemnify, defend, and hold harmless REDORB (which includes REDORB's affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against REDORB or any such other party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with (a) your use of this Site or any Content, (b) your violation of these Terms and Conditions, or (c) your violation of any rights of any third party.
You agree that REDORB may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under these Terms and Conditions. These Terms and Conditions are personal to you may not transfer or assign it to a third party.
C. Revisions to this Site and these Terms and Conditions
At any time, without notice to you and for any or no reason, REDORB may, in its sole discretion, modify or discontinue any aspect of this Site, including, without limitation, any Content, any activities available on this Site, and any products or services offered through this Site. REDORB shall in no way be held liable for any consequence which results from REDORB's decision to modify or discontinue providing the Site. REDORB may also, in its sole discretion, revise these Terms and Conditions by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Site following the effective date of any such changes constitutes your acceptance of those changes.
D. Operation of Site; Availability of Products and Services
REDORB controls and operates this Site from its headquarters in the United States of America, and REDORB makes no representation that this Site is appropriate or available for use beyond the United States of America. If you use this Site from other locations, you are responsible for compliance with applicable local laws. Although REDORB products and services are available in many parts of the world, this Site may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
E. Jurisdiction, Venue, and Governing Law
You agree that any action at law or in equity arising out of or relating to these Terms and Conditions for the Site shall be filed, and that venue properly lies, only in state or federal courts located in the County of Los Angeles, in the Central District of, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law.
F. Force Majeure
REDORB shall not be liable for any failure to perform in accordance with these Terms and Conditions which is due to an event beyond the control of REDORB including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot civil unrest act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract which may have been entered into, nor which could have been reasonably foreseen.
If RedOrb offers the use of its blogging and message board services (along with the content posted thereon, the "Services") then all such Services are subject to these Terms and Conditions. By accessing, creating or contributing to any blogs or messages hosted by us (the "Blog"), and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any Blog. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Services.
1. Disclaimer of Company Responsibility for Blog Content
You understand that all content posted to the Blog (the "Content") is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as Our representatives or any of Our sponsors or partners. The opinions that you or others post in the Blog do not necessarily reflect Our opinions.
(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.
(b) By posting content to the Blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
(c) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Blog, any content you supply to the Blog, or your violation of these Terms or the rights of another.
(a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.
(b) The Blog is provided for informational purposes only; we shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Blog.
(c) Blog postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.
(d) We may enable you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
Collecting personal information from children under the age of 18 ("minor children") through the Services or the Blog is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the site, and we ask that they do not submit any personal information to us.
6. Unauthorized Use of Materials
7. Termination of Access/Removal of Content
We shall have the right in Our sole discretion to terminate your access to and use of the Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.
H. Miscellaneous Provisions.
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of these Terms and Conditions and will not affect the validity or enforceability of the remainder of these Terms and Conditions. No waiver of any provision of these Terms and Conditions by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. In these Terms and Conditions, the word "including" is used illustratively, as if followed by the words "but not limited to." you agree that any cause of action you may have arising out of or related to these terms and conditions or the site must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.