1. Acceptance of Terms
2. Age Eligibility for Use and Access of the Site
The Site is not directed towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access or use the Site. In addition, you may not purchase products from our Site unless you are at least 18 years of age.
3. Ownership and Content
The content, including all text, graphics, logos, images, audio clips, video, data and other materials available through the Site (collectively "Content") is the sole property of Hemispheres and its licensors, and is protected by copyright, trademark and other intellectual property laws. Accordingly, Hemispheres and its licensors expressly reserve any and all rights and licenses not explicitly granted to you under these Terms. Subject to your compliance with these Terms, you shall have a non-exclusive, non-transferable, limited right to access and make personal use of the Site and the Content for non-commercial purposes only. Except as noted above, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner any Content from the Site, without the express written consent of Hemispheres.
4. Trademarks and Logos
The Site contains valuable trademarks owned and used by us to distinguish Hemispheres, its brand, and the services from those of others. The Site may also contain references to other entities' trademarks and service marks, but such references are for identification purposes only. We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Site. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.
5. Acceptable Use of Our Site
By accessing the Site, you agree that you will not (and will not permit or encourage others to): (1) Use the Site or Content in violation of any applicable law, regulation, or ordinance;(2) Conduct fraudulent activities on the Site;(3) Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or the Content for any commercial purpose without the express written consent of Hemispheres;(4) Transmit, copy, or download any Content (in whole or in part) for the benefit of any other merchant;(5) Use or attempt to use any software, tool, agent, robot, spider or other similar data mining, scraping and extraction tools to navigate, search, or crawl the Site;(6) Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site; or (7) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
6. Links to Our Site
You are allowed to establish a hypertext link ("link") to the Site so long as the link does not state or imply any sponsorship of your Site by us. Without our prior express written permission, you may not frame, or in-line link, any of the Content or components of the Site, or incorporate into another Site or other service any of our intellectual property. Please contact us if you would like to request permission to frame any Content appearing on the Site or in-line link to the Site.
7. Links to Third Party Sites
The Site may provide links, advertisements, or widgets that permit you to access or interact with other websites (including social media sites) maintained by third parties. When you engage a third party's website or service which is linked to the Site, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such third-party websites. Posting of a link, advertisement, or widget pertaining to another website does not constitute endorsement of that website (or any of the products, services or other materials offered through that website) by us or our licensors, regardless of whether or not the link is associated with a third party advertisement carried by the website. Accordingly, we are not responsible for the privacy practices of such third party websites nor any data or information you may share with such other websites, and make no warranties, express or implied, as to any third party websites or the products or services they provide. We therefore encourage you to be aware of this when you leave our Site, and to read the privacy policies and associated terms and conditions for each and every website that you visit.
You are solely responsible for any information that you submit to us. By using the Site you agree not to submit or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Site or that infringes on the rights (including any intellectual property rights) of others. We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure to third parties of any submissions you make to us, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of the Site. By submitting or posting content on the Site, you grant Hemispheres and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content on the Site and on third-party sites.
9. Changes to the Site and Termination
We have the right, in our sole discretion, to terminate, change, or suspend (temporarily or permanently) any aspect of our Site, at any time, without notice or liability to you. Additionally, we reserve the right to restrict, suspend or terminate your use of and/or access to the Site, at any time, and for any reason, without notice or liability to you.
10. Errors, Inaccuracies, Availability
We attempt to display the product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using. Prices and availability of products displayed on the Site are subject to change without notice and may vary from the prices and availability of products within our stores. Hemispheres seeks to describe and display its products accurately on the Site. However, you understand and acknowledge that despite these efforts, our Site may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without notice or liability to you.
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules.
WE PROVIDE THE USE OF THE SITE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SITE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT YOU UPLOAD TO THE SITE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE SUCH EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEMISPHERES, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOBBY LOBBY'S MAXIMUM AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00). THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF A FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER REMEDY. THE PARTIES AGREE THAT THE ABOVE PROVISIONS FAIRLY ALLOCATE THE RISK BETWEEN THE PARTIES, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A CONSEQUENCE THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify and hold harmless Hemispheres, its subsidiaries, affiliates, subcontractors, suppliers, and partners, and all of their respective officers, directors, employees, agents, or licensors, against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including all associated costs, expenses and reasonable attorneys' fees) due to or arising out of your actual or alleged breach of the Terms or unauthorized access to or use of the Site.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and interpreted in accordance with the laws of Oklahoma, without regard to its principles regarding conflicts of law or your state or country of residence. You and Hemispheres agree that all claims, legal proceedings or litigation arising in connection with the Site will be brought solely before an arbitrator in Oklahoma County, Oklahoma and hereby irrevocably submit to, and waive any objection to arbitration.
16. Copyright Complaints
We respect the intellectual property rights of others and will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), our designated agent for notice of alleged copyright infringement in connection with the Site is:
ATTN: DMCA Agent
Hobby Lobby Stores, Inc.
7707 SW 44th St
Oklahoma City, OK 73179
Fax (405) 745-1721
Phone (405) 745-1854
To file a notice of infringement with Hemispheres, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site.
These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Hemispheres with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, at any time. Our failure to enforce any of the provisions of the Terms or to exercise any rights or remedies under the Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance. If any provision of the Terms is held to be invalid, illegal or unenforceable, such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of you and Hemispheres, and that the remaining provisions shall remain in full force and effect.
18. Contact Us
We welcome any feedback, suggestions for improvements to the Site, as well as any questions, issues, concerns or other inquiries related to the Site. Please feel free to contact us at any time firstname.lastname@example.org . Alternatively, you may reach us at our mailing address as follows:
Hemispheres Customer Service
240 Dividend Drive Suite 100
Coppell, Texas 75019