Terms of Service
Acceptance of Terms
This is a legal agreement (“Agreement”) between you and The Jim Henson Company, Inc. (hereinafter referred to as “Website Owner”), the owner and developer of HensonFamilyHub.com (the “Service(s)”). By using the Service, you agree to be bound by the terms of this Agreement (the “TOS”) for as long as you use the Service, whether or not you are a registered customer of the website. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at www.hensonfamilyhub.com/tos. In addition, when using any Website Owner-owned or -operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree, except as otherwise expressly provided in this TOS, that there shall be no third party beneficiaries to this agreement. IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THE SERVICE, AS YOUR USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.
Description of Service
Website Owner, through HensonFamilyHub.com, makes available a collection of information and resources to its registered and non-registered users. Certain areas of the HensonFamilyHub.com website are provided solely to registered users of the website. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 13 are not permitted to register. Registered users may upload content, select favorites, edit, rate, comment and read other users’ content. Non-registered users can browse topics, profiles and uploaded content of interest. Any new features, services and enhancements to the HensonFamilyHub.com website are subject to the TOS. YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THIS SERVICE FOR ANY PURPOSE.
Users who choose to register will select a username and password during the registration process. Website Owner reserves the right to terminate the access of such users should Website Owner know, or have reasonable grounds to suspect, that a user has entered false or misleading information during the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify Website Owner at familyhub@henson.com should the user know, or have reasonable grounds to suspect, that their username and/or password have been compromised. Website Owner shall not be responsible for user’s failure to abide by this paragraph.
All users, both registered and non-registered, must abide by the TOS. If a user fails to follow any of the guidelines, TOS and/or Rules of Behavior, Website Owner may discontinue their ability to use the site. In addition, Website Owner reserves the right to delete any piece of user-generated content or comment, as well as any objectionable topic or profile.
You understand that you may receive business-related communications from Website Owner, such as announcements regarding the Service and account administrative notices, and you agree that these communications are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications. As a user of the Service you also understand and agree that the Service may also include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, any advertiser found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Website Owner shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
Website Owner does not and cannot control the informational content users transmit through the HensonFamilyHub.com website. Under no circumstances shall Website Owner be held liable for a user’s exposure to information or content that user deems offensive, indecent or objectionable. Under no circumstances shall Website Owner be held liable for any errors or omissions in any informational content transmitted by users.
You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are entirely responsible for obtaining such access and paying such fees.
Intellectual Property / Use Rights
The content contained within the Service is the property of Website Owner and is protected by copyright laws and other intellectual property laws. The content is for the user’s personal, non-commercial use only. No part of the content may be copied, downloaded, stored or transferred to others in any form by any means for any purpose without first obtaining the prior written consent of Website Owner. Use for any commercial purpose is strictly prohibited. User agrees not to distribute, license or create derivative works from any of Website Owner’s copyrighted or trademarked material, including graphic files, logos and text, available on the HensonFamilyHub.com website.
Registration
In order to use certain aspects of the Service you are required to register. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:
• In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction.
• You also agree to provide true, accurate, current and complete information as required on the registration form. If you provide any information that is untrue, incomplete, not current or inaccurate, Website Owner has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
• You agree that Website Owner may, under certain circumstances and without prior notice, immediately terminate your HensonFamilyHub.com website account, any associated username and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOS or other policies, guidelines or rules; (b) extended periods of inactivity; (c) your engagement in fraudulent or illegal activity; (d) unexpected technical or security issues; and (e) requests by law enforcement or other government agencies. You also agree that any termination is in Website Owner’s sole discretion and that Website Owner will not be liable to you or any third party for any termination of your account, password, username, deletion of Content or access to the Service.
• You agree that your account is non-transferable, and any rights to your account, password and/or username terminate upon your death.
• You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Website Owner immediately at familyhub@henson.com. It is up to you to maintain the confidentiality of your password and account. Website Owner is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
Rules of Behavior
• You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links and/or screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal and proper.
• You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You must not transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations, or advocates illegal activity, discusses an intent to commit an illegal act or violates any law.
• You must not harm, or attempt to harm, minors in any way.
• You must not collect personal information on, cyber stalk or harass another user, or engage in conduct that negatively affects the online experience of another user.
• You must not violate the privacy rights of others.
• You must not upload, post, transmit or link to any material that is inappropriate, libelous, defamatory, threatens another person or entity, invades the privacy of another, or that is infringing, obscene, vulgar, racially or ethnically hateful, unlawful or promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group, or is otherwise objectionable.
• You must not make fraudulent offers to buy or sell products, items or services or to advance any type of financial scam such as pyramid schemes, Ponzi schemes, chain letters or surveys.
• You must not solicit funds, advertisers or sponsors for any purpose.
• You must not upload or post anything that infringes any trademark, copyright, patent, trade secret or other intellectual property or other legal right of a third party. You must not download any material that you know or reasonably should know cannot be distributed legally.
• You must not impersonate another user (including using anyone else’s username or password), person or entity, including any official or employee of Website Owner.
• You must not intentionally or unintentionally violate any local, state, federal or international law.
• You must not upload, post or transmit any unsolicited or unauthorized advertising, including spam or junk mail or any unsolicited commercial email or unsolicited bulk email.
• You must not modify or delete any content or communications on the HensonFamilyHub.com website (other than your own content) and/or of other individuals.
• You must not transmit any harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, defects, or any items and/or code of a destructive or harmful nature that may damage, interfere with, secretly intercept or seize any system, program, date or personal information, or interfere with the operation of Website Owner’s web servers or other computers or internet or network connections.
• You must not transmit or allow access or distribution of any spiders, robots or other information-gathering computer programs or routines or their equivalents on or in the Service.
• You must not interfere or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• You must not create user accounts under any false or fraudulent pretenses (including by automated means).
• You must not state or imply that any of your submitted and/or posted content is endorsed by Website Owner.
• You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
• You must not engage in any ad slamming.
• You must not use or authorize any party to co-brand or frame the HensonFamilyHub.com website. For purposes of these TOS, co-branding means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute this site or content accessible within this site. For purposes of these TOS, framing refers to displaying any HensonFamilyHub.com webpage within a bordered area of another website, regardless of whether the address of the originating website is visible.
• You must not use the HensonFamilyHub.com name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Website Owner or the HensonFamilyHub.com website is associated with, or endorses, or is in any way connected with you, your business, or your content.
WHILE WEBSITE OWNER EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT WEBSITE OWNER SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, WEBSITE OWNER MAY TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY, WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.
Content
Registered users will be able to upload and post a great variety of content, including but not limited to, text, audio, video, photographs, graphics and other materials (“Content”). This means that you, not Website Owner, have sole responsibility for all Content that you upload, post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the Rules of Behavior relating to such Content.
Website Owner shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with the use of any Content. In this regard, you may not rely on any Content created by other HensonFamilyHub.com website users or otherwise created, distributed and displayed on any part of the Service. Website Owner does not control or monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Website Owner does not claim ownership of any content created or posted by users of the HensonFamilyHub.com website. By placing Content on the Service, you hereby grant to Website Owner the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics or other information communicated by you to Website Owner through the HensonFamilyHub.com website, and to incorporate the Content in other works in any form, media or technology now known or later developed. You agree that Website Owner will not be bound to treat any Content as confidential and may use any Content in its business (including without limitation, for editorial, promotional purposes, products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Website Owner operations or business. Website Owner reserves the right to syndicate or promote the Content in connection with the promotion of the Service and other Services offered by Website Owner.
You agree that by posting Content on the Service, all other users can reproduce and use such Content in connection with the Service. Website Owner shall have no responsibility for enforcing any rights you claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless and indemnify Website Owner with respect to any claim you have that other users are reproducing or using your Content, as well as for claims by other users that you are reproducing or using their Content without permission. Other than as provided for in the DMCA / Copyright Infringement policy herein, Website Owner will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same.
Website Owner does not pre-screen uploaded, posted or transmitted content, but Website Owner reserves the right to inspect, edit and delete any content that Website Owner knows, or has reason to know, has violated the TOS or is otherwise objectionable. Website Owner reserves the right to immediately, and without notice, terminate the account of any user found to have violated the provisions of the TOS. Website Owner may disclose any informational content users post, upload or transmit to the HensonFamilyHub.com website, if such disclosure is necessary to enforce the TOS, to respond to claims of intellectual property infringement, to comply with legal process or to protect the rights of Website Owner, the public or other users.
Website Owner may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, to protect the rights, property or personal safety of Website Owner, its users and the public.
The Service may provide, or third parties including HensonFamilyHub.com website users may provide, links to other websites or resources. Website Owner has no control over such websites and therefore you acknowledge that Website Owner is not responsible for the availability of such links or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials made available on or from these linked websites or resources. You also acknowledge and agree that Website Owner is not responsible or liable, directly or indirectly, for any damage or loss caused by, or alleged to have been caused by, or in relation to, the use of content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF WEBSITE OWNER REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, WEBSITE OWNER HAS THE RIGHT TO DISABLE THE LINK WITHOUT NOTICE TO YOU.
DMCA / Copyright Infringement
Website Owner respects the intellectual property rights of others and requests that its users do the same. In certain circumstances and at its discretion, Website Owner may, but is not obligated to, disable, suspend and/or terminate the account of any user who may be infringing the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact Website Owner and provide the following information:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed.
2. Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent).
3. Identification or description of where the material that you claim is infringing is located on the HensonFamilyHub.com website, with enough detail that we may find it on the website.
4. Your name, address, telephone number and email address.
5. A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Website Owner’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
By mail: familyhub@henson.com
Legal Department – DMCA Notifications
1416 N. La Brea Avenue
Hollywood, CA90028
United States of America
By email: familyhub@henson.com
Violations of TOS
Website Owner may take any one or more of the following actions in response to complaints:
• Issue warnings: written or verbal.
• Suspend the user’s posting privileges.
• Suspend the user’s account.
• Terminate the user’s account.
• Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
Limitations of Liability and Indemnity
By using any services provided by Website Owner, you agree that in no event will Website Owner, its subsidiaries, officers, employees, agents, partners and affiliates be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and/or using any of the services available. Your sole remedy for any breach or default of this Agreement by Website Owner shall be a return of any fees paid to Website Owner, if any, for any services provided under this Agreement. You indemnify and agreed to defend and hold harmless Website Owner, its and their subsidiaries, officers, employees, agents, partners and affiliates and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the HensonFamilyHub.com website, including any breach by you of the terms contained in this Agreement.
Warning re: Offensive Information
It is possible that other HensonFamilyHub.com website users will post or send obscene or offensive materials on the website or to you via email. It is also possible that by using your email address, other people may, through other means outside the control of Website Owner, have access to personal information about you. Website Owner, its subsidiaries, officers, employees, agents, partners and affiliates are not responsible for these transmissions or for the release of such information by others about you.
Confidentiality / Privacy Policy
It is agreed that all personal information given to Website Owner is subject to our Privacy Policy, and will be kept confidential by Website Owner, with the following exceptions: (a) basic biographical information (i.e., age, sex) may be posted with your user ID for others to view; (b) you actively chose to post your personal information for others to see; (c) you send a message to another user, which will disclose your email address to that user; or (d) you have harassed another person via any service provided by Website Owner, in which case the confidentiality clause contained in this Agreement is rendered null and void. Website Owner cautions you against giving out any personally identifying information about yourself. In an effort to preserve your privacy, Website Owner agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in the Privacy Policy at www.hensonfamilyhub/privacy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time.
Modification and Termination of the Service
Website Owner reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Website Owner will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
Practices Regarding Use and Storage
You acknowledge that Website Owner may establish general practices and limits regarding use of the Service including, without limitation, the maximum amount of disk space that will be allotted on the Service servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given period of time. You agree that Website Owner has no responsibility or liability for the deletion of or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that Website Owner reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Website Owner has the right to modify these practices and limits from time to time.
Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an “as-is” and “as available” basis.
WEBSITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND/OR NON-INFRINGEMENT.
WEBSITE OWNER MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from Website Owner or through or from the Service shall create a warranty not expressly stated in the TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBSITE OWNER IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, LOSS OF PROFITS OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING ADVERTISERS, ON THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THOUGH OR FROM, THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. WEBSITE OWNER’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
Disputes
If there is any dispute about or involving the Service, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the county of Los Angeles, California.
General Information
This Agreement constitutes the entire agreement between you and Website Owner and governs your use of the Service. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines or rules that may apply when you use certain elements of the Service, advertiser services, third-party content or third-party software.
The failure of Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties’ nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors, each responsible for its own actions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose, or else it shall be forever barred.
Please report any known or suspected violations of the TOS, including any suspected copyright or trademark violations, to familyhub@henson.com.
© 2016 The Jim Henson Company. JIM HENSON’S mark & logo, HENSON FAMILY HUB mark & logo, characters and elements are trademarks of The Jim Henson Company. All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on this website is strictly prohibited.