Welcome to the 400 Hugs website. We hope your time here is both enjoyable and profitable… Enjoyable as you author and design a set of 400 Hugs for yourself, your loved ones or your friends. And, if you are using 400 Hugs as a business tool, then greatly profitable by keeping your name in front of your customers while sending them special and personal messages throughout the year.
Please read the following governances in our Agreement regulating our website:
You acknowledge that 400Hugs.com is not obligated to prescreen content submitted by users, but that 400Hugs.com shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via 400Hugs.com or to refuse to accept content for use in any products or services offered on or through 400Hugs.com by any user that violates these terms of service or is otherwise objectionable in 400Hugs.com’s sole judgment. 400Hugs.com may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user’s submission of content. If, upon such request, 400Hugs.com does not receive information it deems sufficient to evidence such rights, 400Hugs.com reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
You also acknowledge and agree that 400Hugs.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of 400Hugs.com, its users and the public.
If, In 400Hugs.Com’S Sole Determination, You Violate 400Hugs.Com’S Member Conduct Policy, 400Hugs.Com, May Block You, And Those Using Any Account Associated With You From Using Any Or All Of The Services Available On 400Hugs.Com. 400Hugs.Com 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 400Hugs.Com 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.
400 Hugs™ is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions of 1999.
The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. 400 Hugs™ reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other 400 Hugs™ customers may use the design tools to create logos that have similar or identical combinations of these elements and 400 Hugs™ does not guarantee that your logo will not have similarities to logos designed and used by other parties. 400 Hugs™ provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
You are granted permission to access and use this Site and its Content for the sole purpose of evaluating, preparing, and ordering the products of 400 Hugs™ (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from 400 Hugs™ does not entitle you to use any portion of Content apart from the finished Products as they are delivered by 400 Hugs™.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into the 400 Hugs™ products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize 400 Hugs™ to produce the Products on your behalf. You grant 400 Hugs™ the right to copy, modify, create derivative works and convert any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit 400 Hugs™ to copy, modify, create derivative works and convert any uploaded content for the purpose of fulfilling your order.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
400 Hugs™ reserves the right to reject any order without the obligation to assign any reason for so doing. No order shall be deemed accepted by 400 Hugs™ unless and until it is confirmed unconditionally.
You agree that all details provided to 400 Hugs™ for the purpose of a purchase will be correct and that the chosen method of payment your property and that sufficient funds or credit facilities are available to cover the full cost of the Products ordered. 400 Hugs™ reserves the right to obtain validation of your payment details before accepting the any order.
P413 Corporation d/b/a 400 Hugs™ currently is and will remain the sole and exclusive owner of all right, title and interest in and to services and all intellectual property rights embodied therein. You will not, directly or indirectly: reverse engineer; disassemble; decompile; or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the services or any software, documentation, or data related to the services and software. If you are using this program in any country in the European Community, the prohibition against reverse engineering, decompiling, disassembling or creating derivative works based on the services or the software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
“Confidential Information” means information disclosed, furnished, communicated or otherwise made available by one party to the other concerning technology, know-how, product development plans, business plans, pricing, subscriber count, subscriber identity and subscriber data, whether communicated verbally or in writing; however, Confidential Information does not include any information that
(a) can be shown was already known to the receiving party at the time of disclosure,
(b) is independently developed by the receiving party without any use of or reference to the disclosing party’s information
(c) is provided to the receiving party by a third party without violation of the disclosing party’s rights or
(d) is already in or enters into the public domain by some action other than breach of this Agreement. Each party agrees, for the term of this Agreement and 3 years thereafter, to hold the other party’s Confidential Information in strict confidence, not to disclose such Confidential Information except as authorized by the disclosing party and not to use such Confidential Information except as permitted hereunder. The prohibition on disclosure will not apply to the extent that Confidential Information is required to be disclosed as a matter of law or by order of a court, provided that the receiving party uses reasonable efforts to provide the disclosing party with prior of such requirement and reasonably assists in obtaining a protective order therefor. Confidential Information of a party is and will remain the property of such party, notwithstanding any permissible disclosure under this Agreement.
You agree to defend, indemnify and hold harmless P413 Corporation d/b/a 400 Hugs™, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and all other all parties from whom 400 Hugs™ has licensed portions of Content from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorney’s fees and costs) arising out of, related to, or that may arise in connection with:
(ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.
(iii) User Content provided by you;
(v) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
(vi) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
If you are using our Website on behalf of a business, that business accepts these terms. It will hold harmless, defend and indemnify the Website Parties from any claim, suit or action arising from or related to the use of the Website or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.
You represent and warrant that you are the owner of the content that you submit and that the content does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or any parts of the content. You hereby represent and warrant to us that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
You expressly agree that use of our site and our service is at your sole risk. The site and its content are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. References and links to products or services of independent companies may appear on the site. These references and links are provided “as is” without warranty of any kind, either expressed or implied.
Certain circumstances, such as matching ink colors, posted delivery times and product availability are beyond 400 hugs™´s control. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as design choices, quantity or product type, and damage to the products arising after delivery to the customer.
Please preview your designs carefully and correct any mistakes prior to placing your order. 400 hugs™ does not proof documents created by its customers prior to processing.
In no event shall 400 hugs™ or its licensors, suppliers, or vendors, their officers, directors, employees, or agents be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not 400 hugs™ has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from 400 hugs™ or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall 400 hugs™ be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of this site or its content.
400 hugs™ will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this contract by reasonof any event outside of its reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or act of god.
(a) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in the “Contact Us” link on our Website. We will contact you based on the contact information you have provided us.
(b) If, after thirty (30) days we cannot resolve the problem to your liking, you may contact the Consumer Complaint Office at the 700 Kipling Street, Lakewood, CO 80215, or by telephone at (720) 508-6000. This is In accordance with the Colorado Consumer Protection Act, Title 6, Article 1, Part 1, 6-1-101 – 6-1-115.
(c) You may also, after thirty (30) days, 400 Hugs™ is unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through arbitration.
(d) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS(www.jamsadr.com) under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS directly.
(e) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America.
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
Please see 400 Hugs™’s User Agreement for more information on the Terms and Conditions governing the use of this Web Site. Why does 400 Hugs™ need personal information? 400 Hugs™ needs two types of data to perform its services: your personal account information (the “Account Information”); and the data of whom you are gifting to (the “Recipient”) (if any) in order to ship our product. We do not share, sell or rent your Account Information or Recipient information with anyone without your advance permission or unless ordered by a court of law, provided, however, that we may provide such Account Information and Subscriber Data, without your advance permission, to (i) a contractor in connection with our provision of services to you or (ii) a party with which we merge or to whom we sell all or substantially all of our assets. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you e-mails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.
Upon termination of your account, both your Account Information and Subscriber Data will be deleted. In addition, in order to provide our Users with a more personalized, relevant and intelligent service, 400 Hugs™ regularly improves this Web Site and the collection of certain personal data (the “Personal Data”) greatly assists 400 Hugs™ in this improvement process by identifying the interests and needs of the many Users to this Web Site. Although 400 Hugs™’s primary goal in collecting Personal Data is to deliver a customized and personalized service to you, with permission, 400 Hugs™ also uses the Personal Data it collects to send Users e-mail notification of new features or information available through the Web Site or that 400 Hugs™ otherwise feels might be of interest to Users of this Web Site.
Our goal is for you to have a fun and motivating experience with 400 Hugs™. If, for any reason, you would have a problem with our website or products, please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this website to: 6946 North Academy, #400 Colorado Springs, CO 80918 or contact: webmaster@400Hugs.com
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to 400 Hugs™ in connection with the operation or content of this Site shall be provided by the submitter and received by 400 Hugs™ on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of 400 Hugs™. By submitting any such information to 400 Hugs™, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that 400 Hugs™ shall be free to use such information on an unrestricted basis.