Heartwood USA

HeartwoodUSA.com is committed to providing a fun, safe and secure website for people of all ages. We are dedicated to safeguarding all personal information collected online.

To help ensure a rewarding online experience for all visitors, we provide this summary of our information practices. This privacy notice governs the collection and use of information at HeartwoodUSA.com.

As we continue to offer our visitors new and different types of content and services, we may modify our practices from time to time. However, we will treat all personal information we collect in accordance with the privacy notice in effect at the time the information is collected.

I. The Information We Collect

At HeartwoodUSA.com, we do not collect personally identifiable information unless our visitors voluntarily provide it to us. For some activities, such as online polls or surveys, we may ask visitors to provide information that is not personally identifiable. This might include first name only, city or state of residence, age, gender, or a favorite cartoon or character. For some other activities, such as subscribing to our updates letter, we may ask visitors to provide an e-mail address.

Visitors who order merchandise or other materials from the store at cafepress.com/HeartwoodUSA will be required to provide their full name, billing and mailing addresses, e-mail address, telephone number and possibly a credit card number. If the order is being shipped to a third party, we will also need the recipient's name and mailing address. Before collecting information in connection with a store order, we will verify the validity of the purchaser's credit card. On occasion, we might solicit additional voluntary information regarding shoppers' personal shopping preferences.

We do not knowingly collect names and e-mail addresses from children under thirteen without notifying the parent via e-mail and giving the parent the option to remove their child's e-mail address from the applicable database for that activity. We do not knowingly collect the mailing address of a child under thirteen without obtaining verifiable consent from that child's parent. It is up to the child under thirteen to notify HeartwoodUSA.com of his or her age before submitting any information to the website.

When visitors come to our site, we automatically collect some non-personally identifiable information such as the type of computer operating system (e.g., Windows '95 or Mac OS) and browser (e.g., Firefox, Internet Explorer) being used, and the domain name of the Internet service provider (e.g., America Online, Comcast).

II. How We Use the Information

We use visitors' personal information for internal purposes only, such as subscribing to a newsletter, or to order from the store. We use parents' e-mail addresses to notify them when we have received personal information such as e-mail addresses from their children and to give parents the option to remove their child's name from our lists.

We never sell, rent, or otherwise share our visitors' personal information with third parties. Sometimes, we may use agents or contractors to provide services to our visitors, such as helping us ship customer orders made in the store. We sometimes use non-personally identifiable information that we collect to improve the design and content of our site, and to improve our visitors' experience on HeartwoodUSA.com. We also may aggregate this information to analyze site usage, as well as to offer products, programs, or services.

We will disclose information we maintain as required by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a specific law enforcement agency's request.

We will not use or transfer personally identifiable information in ways that are materially different from the ones described above without also providing parental notification of such practices and obtaining consent for any materially different uses.

III. Cookies

HeartwoodUSA.com uses a software technology called "cookies." Cookies are small text files tht we place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any personally identifiable information. Although cookies could enable us to relate a visitor's use of this web site to personal information that the visitor has provided, such as an e-mail address, we do not use cookies for this purpose. We do use cookies to determine how many visitors we have and how often they visit various sections of our site.

IV. Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

V. Contact Us

If you have any questions, comments or concerns regarding our privacy policy and/or practices, please contact us at the following e-mail address:

E-mail: info@HeartwoodUSA.com

Please read these Terms Of Use carefully before using this site. By using this site, you signify your agreement with these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use this site. Heartwood USA Media, LLC ("Heartwood USA") reserves the right, at its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Heartwood USA retains the right to deny access to anyone who we believe has violated any of these Terms of Use.

Trademarks, Copyrights and Restrictions

This site is controlled and operated by Heartwood USA. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, are copyright 2008 and 2009 by Heartwood USA Media LLC.

Heartwood USA reserves the right to amend and change this license grant without notification and in its sole discretion.

Links

This site may contain links to other web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Heartwood USA is not responsible for the content of the Linked Sites, whether or not Heartwood USA is affiliated with sponsors of the sites. Heartwood USA does not in any way endorse the Linked Sites.

Heartwood USA welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Heartwood USA.

Submissions

Any e-mails, notes, message/bulletin board/forum postings, ideas, suggestions, concepts or other material submitted will become the property of Heartwood USA throughout the universe. Heartwood USA shall be entitled, consistent with our policies regarding privacy, to use the material or any of its elements for any type of use forever, including in any media whether now known or hereafter devised. When you submit material to Heartwood USA's web site, you agree that Heartwood USA has the right to publish or otherwise use the material or any of its elements for any type of use, including promotional and advertising purposes, subject to Heartwood USA's policies regarding privacy.

Forums and Chat Rooms

Heartwood USA may from time to time host bulletin boards, chat rooms, forums or other public posting areas ("Forums"). The information and opinions expressed in Bulletin Boards, Chat Rooms, or other Forums are not necessarily those of Heartwood USA or its affiliated or related entities or content providers. Heartwood USA makes no representations or warranties regarding information or opinions that appear in the Forums, and does not endorse or guarantee the accuracy of any posting. Heartwood USA assumes no obligation to monitor the Forums or to delete or edit any postings. However, Heartwood USA reserves the right to delete, move, or edit any postings that we consider illegal, inappropriate, or otherwise inappropriate.

By using Heartwood USA's web site, you agree that you will not submit or otherwise publish through the Forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.

You agree to indemnify Heartwood USA and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

Disclaimer of Warranties and Liability

The materials on Heartwood USA's web site are provided "as is" and without warranties of any kind either express or implied. Heartwood USA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction, or modification. Neither Heartwood USA, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of Heartwood USA's web site warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Heartwood USA or the server that makes them available are free of viruses or other harmful components. The material that you read or view on Heartwood USA's web site is provided solely for entertainment and promotional purposes. Heartwood USA does not warrant or make any representations regarding the use or the results of the use of the materials in Heartwood USA's web site in terms of their correctness, accuracy, reliability, or otherwise.

You expressly agree that use of the Heartwood USA site is at your sole risk. You (and not Heartwood USA) assume the entire cost of all necessary servicing, repair or correction. You expressly agree that neither Heartwood USA, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of Heartwood USA's web site are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this site or any other Heartwood USA web site. By way of example, and without limiting the generality of the foregoing, Heartwood USA and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this site. You expressly acknowledge and agree that Heartwood USA is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

Jurisdictional Issues

Unless otherwise specified, the materials in the Heartwood USA web site is presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Heartwood USA from its offices within the State of Massachusetts, United States of America. Heartwood USA makes no representation that materials in Heartwood USA's web site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Massachusetts, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Heartwood USA bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Massachusetts, and you expressly consent to the jurisdiction of said courts. 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 matters contained herein and shall not be modified except in writing, signed by Heartwood USA.