EFFECTIVE DATE: 09/10/2022
You hereby represent that you have the full right, power and authority to enter into these Terms and to fully perform all of your obligations hereunder and that you are under no legal disability or contractual restriction that prevents you from entering into these Terms.
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.
Do not hesitate to contact us at [firstname.lastname@example.org] if you have any questions.
Parents can purchase the Book through the Website or through third party sellers. The App is available for purchase on the Apple App Store and Google Play. Once you purchase the App, additional content can be accessed and/or purchased in-app.
By clicking the “I Agree” button or by otherwise using or registering an Account, you represent that (i) you are a US resident at least 13 years of age, or (ii) you are not a US resident, and are of legal age of consent to open an Account and transmit your personal information under the laws of your country of residence. You also represent that you have not been previously suspended or removed from the Services, and that your registration of your Account and your use of the Services is in compliance with any and all applicable laws.
You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, taking any of the following actions:
Further, you agree not to take any of the following actions when using the Service:
Further, you may choose to, or we may invite you to submit comments, suggestions, or ideas about the Service, including how to improve the Service (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other sources.
If you are a California resident, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
Further, by using the Service, you agree that we may use this information, including your email address, to send you information regarding Updates to the Service, problems with the Service, and any other communications pertaining to the functionality of the Service.
You are solely responsible for the Content that you upload or post to the Service or any material or information that you transmit to other users.
If you post this type of inappropriate Content, or use the Service to transmit such Content, as determined in our sole discretion, we may remove such Content from our servers and terminate your Account.
While we maintain a policy against the posting of inappropriate Content on the Service, you agree that we do not assume any responsibility for, and we will not be liable for, any inappropriate Content on the Service posted by another user.
WORLD OF HUE AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.
WORLD OF HUE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFOMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH
THE SERVICE, AND WORLD OF HUE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.
WORLD OF HUE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND WORLD OF HUE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above. In the event of any lawsuit for injunctive relief as provided in the previous sentence, or in the event that this arbitration provision is held to be invalid, you agree to the exclusive jurisdiction of the courts located in San Francisco County, California as the sole venue to litigate such lawsuit.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor World of Hue, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND WORLD OF HUE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
If you believe that your work has been copied in a way that constitutes copyright and/or trademark infringement, please provide a notice (a “DMCA Notice”) with the following information to World of Hue’s Copyright Agent:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
b) A detailed description of the copyright work or trademark that you claim has been infringed;
c) A description of precisely where the material that you claim is being infringed is located on the Service;
d) Your address, telephone number, and email address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law; and
f) 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 trademark owner or authorized to act on the copyright or trademark owner’s behalf.
World of Hue’s Copyright and Trademark Agent for DMCA Notices is: World of Hue Inc.
ATTN: Copyright and Trademark Agent [Address]
E-Mail: [email address]
We may give notice to our users by means of a general notice on our Service, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright and Trademark Agent. To be effective, the counter-notification must be a written communication that includes the following:
a) Your physical or electronic signature;
b) Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
c) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
d) Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which World of Hue may be found, and that you will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.
a) World of Hue may terminate user accounts that have been the subject of five (5) separate DMCA notices. In the event a user’s materials are removed due to a DMCA Notice and then subsequently restored due to the filing of a counter-notification, World of Hue will treat the underlying DMCA Notice as withdrawn. World of Hue reserves the right to terminate user accounts that are the subject of fewer than five (5) DMCA Notices in appropriate circumstances – such as where the user has a history of violating or willfully disregarding these Terms.
EFFECTIVE DATE: 10 September 2022
Thank you for using World of Hue and joining our growing community! We are committed to protecting your privacy as you use our Service. We understand how important privacy is to you, and we are committed to creating a safe and secure environment for all of our users.
This Policy also describes our practices related to information of individuals with whom we communicate for marketing or promotional purposes but who may not otherwise be users of the App (the “Marketing Recipients”). By using the Service and agreeing to this Policy, or by agreeing to this Policy as a Marketing Recipient, you consent to the privacy practices described in this Policy.
Information You Voluntarily Provide Us.
You will not be required to provide any personally identifiable information to browse the Website. However, if you would like to use the App, you will be required to create an Account, which will require you to provide us with various information that, on its own or in combination with other information, can used to identify you as an individual (“Personal Data”). We will collect information you provide to use voluntarily as part of the Account registration process or that you subsequently provide through your use of the Service. Such information includes your first name and e-mail address.
We also may collect and store communications that occur through the Service or outside of the Service between you and World of Hue.
Further, now or in the future, we may allow you to provide us with access to additional information and data through integrations with third-party goods and services.
The various categories of information in this subsection is, or may be, considered personally identifiable information, and is used for the purpose of providing you with the
Service’s functionality. While all of the information described here may not be required to use the Service, some aspects of the Service may not be available if you choose not to provide us with such information.
Personal Data We Collect from Marketing Recipients
In addition to the Personal Data we collect from users of the Service, we collect Personal Data from Marketing Recipients who are interested in learning more about our products and services. This Personal Data consists of basic contact information such as the Marketing Recipient’s email address. This Personal Data is collected by us when Marketing Recipients sign up for commercial emails from us via online or offline sign up forms, and through other means such as in-person events and meetings and from the Internet. For Marketing Recipients who are not otherwise users of the Service, we only use your Personal Data to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with that are related to the Service.
Information Collected Automatically As You Use The Service.
In addition to the information that you provide to us voluntarily, we collect information automatically through the Service, such as how you use and interact with the Service, data on activities that you pursue through the Service, and other similar activities.
This information is used to provide you with the Service, to better understand our users and how they use the Service, and to improve the Service.
Other Anonymous Data We Collect.
Do Not Track Signals.
We do not track you or collect your information across third party websites or online services. Thus, we do not receive Do-Not-Track signals, or other similar signals. To the extent that we do receive any such signals, we will not comply with them as it is not an aspect of the functionality of our Service.
We do not sell or share your personally identifiable information with advertisers. We also do not share your personally identifiable information with other third parties except to the extent that it is in furtherance of the Service, or when you choose to do so (as described below).
Our Personnel And Vendors.
To be able to effectively provide you with the Service, and to improve the functionality of the Service, we may disclose your information to our employees, contractors, agents, vendors, and other similar persons or entities, to the extent that such persons or entities have a need to know such information in furtherance of the Service. Our third-party vendors (“Third-Party Vendors”) provide us with various types of services, including without limitation, hosting services and marketing software services. We may share your Personal Data with our Third-Party Vendors.
Third Party Payment Services.
Sale of Company or Assets.
In the event that we sell all or substantially all of our company or its assets, including the user information collected through our Service, we may transfer your information, upon reasonable notice to you, to the acquiring company.
Other Third Parties.
In addition to our practices described above, we may share your information if we have a good-faith belief that such action is necessary to (1) comply with the law (see the section below on “Government Requests”), (2) protect and defend the rights or property of World of Hue, or (3) prevent an emergency involving danger of death or serious physical injury to any person.
Storage and Retention Of Your Information.
We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. For example, we will securely store your personally identifiable information on third-party servers, and will do so for as long as it is needed to provide the Service.
We use reasonable efforts to secure your information and to attempt to prevent the loss, misuse, and alteration of the information that we obtain from you. For example, we require our personnel and third party vendors to sign confidentiality agreements that extend to your personal information, and we review the privacy practices of new products and services that we integrate into our Service. In addition, we rely on the technical safeguards provided by the third-party vendors we use to host, store, and process your information. However, you acknowledge and agree that loss, misuse, and alteration may occur despite our efforts to protect your information. We are not responsible to our users or to any third party due to any such loss, misuse, or alteration.
We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, enforce our agreements, or as otherwise described in this Policy.
World fo Hue Inc.
301 Mission St, 27B
San Francisco, CA