Terms of Use

The HandPickedNation.com web site and service (the “Service”) is operated by HandPicked Nation. (“Company”). By using the Service you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service. These Terms of Use are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.

Use of the Service. You may use this Service solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. The Service is for entertainment purposes.

Registration. You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

Your License to Company. The Service may provide you with an opportunity to share and upload, or submit to public forums, contests, sweepstakes, programs or other aspects of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “Content”). You hereby grant Company a perpetual license to use, redact, republish, copy, sell, distribute, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you as part of the Service or in support of the Service through advertising and marketing. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.

Acceptable Use Policy. Company expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to Company at lulu@handpickednation.com

You are solely responsible for the Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the Service.

Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you are that you will not post or transmit to other users anything that contains Content that:

  • is defamatory, abusive, obscene, profane or offensive;
  • infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • promotes or encourages violence;
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • contains personal information of any party such as phone numbers, addresses, license plate numbers etc;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Terms of Use. Company will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

User Age. Because Company may provide information regarding alcoholic beverages, including beer, wine and spirits, HandPicked Nation is not intended for users under 21 years of age. To subscribe, you are required to confirm that you are at least 21 years of age at the time you subscribe by checking the acknowledgment check box on our sign-up / register page that says “I’ve read and accept the Terms & Conditions and Privacy Policy and confirm I am at least 21 years old.”

Submissions. You acknowledge that you are responsible for the information and material (including products/companies you think would make a good product to sell or for HandPicked Projects) that you submit or transmit though the Service (your “Submissions”), and that you, and not HandPicked Nation, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality, and copyright. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content and may not post material that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not upload to, distribute, or otherwise publish through the Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, hateful, or racially, ethnically or otherwise objectionable, or could give rise to any civil or criminal liability under U.S. or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties or (d) you were compensated for or granted any consideration for by any third party. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.

Unless otherwise expressly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with your use of the Service is provided on a non-proprietary and non-confidential basis. HandPicked Nation reserves the right (but not the obligation) to remove or edit any Submission.

All Submissions become the property of HandPicked Nation and by submitting a Submission you hereby automatically assign to HandPicked Nation any and all rights of ownership to the Submission. HandPicked Nation has the right to use, copy, reproduce, modify, adapt, transmit, publish, translate, distribute, create derivative works from, and display your Submissions in any way as we see fit, in whole or in part, in any form, media and technology now known or later developed. You acknowledge that your Submission will not be returned and that we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose and without any right to receive notice of, or to inspect or approve, any use of the Submissions. You grant HandPicked Nation and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You further represent and warrant that immediately prior to making a Submission: (i) you own all right, title, and interest in such Submissions, and (ii) the posting of your Submissions on or through the Website does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

Product Descriptions. HandPicked Nation attempts to be as accurate as possible. However, HandPicked Nation does not warrant that product descriptions, product prices or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by HandPicked Nation itself is not as described, your sole remedy is to return it in unused condition.

Pricing. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our merchants, HandPicked Nation has the right to refuse or cancel any orders placed for products listed at the incorrect price. HandPicked Nation has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HandPicked Nation shall issue a credit to your credit card account in the amount of the charge.

Risk of Loss. All items purchased from HandPicked Nation are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

International Access. This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

Voting. From time to time certain aspects of the Service may involve voting through a variety of mechanisms potentially including web-based and/or mobile voting. Company reserves the right to adjust the outcome of any voting associated with the Service if it believes, in its sole discretion, that any mechanism of fraud, abuse, or automated voting has influenced the result. Furthermore, Company will consider the outcome of voting in association with the Service, but may use other factors in addition to voting to determine various aspects of the Service associated with voting.

Termination of Access. In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy. The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy

Links. This Service may contain links to other web sites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through such external merchant or third-party products, services and websites.

HandPicked Projects Service. HandPicked Projects is a service (“HPP”) is operated by Company and is located at www.handpickednation.com/HandPickedProjects is a web-based venue for fund raising, commerce, and entertainment. HPP allows certain Users (“Project Initiators”) to create and publish project profiles using HPP to solicit financial contributions (“Pledges”) and amass support from other Users (“Supporters”) (collectively, “Users”). Amazon Payments, as the designated payment processor (“Processor”), collects, processes, and disburses raised monies for Project Initiators. HandPicked Nation does not, at any time, process or hold any monies for Project Initiators. User agrees that HPP may include certain communications from HandPicked Nation. User agrees not to access HPP by any means other than through the interfaces that are provided by HandPicked Nation for use in accessing HPP.

  1. HPP Is A Venue. HPP acts as a venue and is not directly involved in the transaction between Project Initiators and Supporters. User agrees that HPP has no control over and is not responsible for: (a) the quality, safety, performance, or legality of any aspect of the projects and pledge gifts listed; (b) the truth or accuracy of a Project Initiator’s project, contents, and pledge gifts; (c) the ability of Project Initiators to complete the performance or guarantee the punctuality of projects and delivering pledge gifts. Project Initiators, however, are wholly responsible for fulfilling any and all obligations to have arisen out of or to have resulted from, in connection with, or by virtue of facts or circumstances of using HPP; (d) the ability of Supporters to complete the performance of their pledge amounts because of, but not limited to, the occasional failure of some credit cards; and (e) the performance or fairness of the Processor. A Pledge initiates a non-binding transaction representing a Supporter’s serious expression of interest in supporting the Project Initiator’s project and does not create a formal contract between the Project Initiator and the Supporter. The User, therefore, shall not hold HPP responsible for User’s interaction with any organizations and/or individuals to have arisen out of or to have resulted from, in connection with, or by virtue of facts or circumstances of using HPP. This includes, but is not limited to, delivery of pledge gifts and completion of projects, and any other terms, conditions, warranties, or representations associated with or arising from HPP.
  2. Project Initiators And Creating Projects. To become a Project Initiator, a User must submit a project proposal to HPP. If approved by HPP, Project Initiators set a funding goal (unlimited dollar amount), a time limit from one [1] to ninety [90] days, provide project content, descriptions, and details, and must finally establish a Funding Account with the Processor. Once the project is published, a countdown begins. At the end of the time limit, two results ensue: (1) All Pledges are immediately cancelled if a project has NOT met its funding goals within the time limit. If so, Project Initiators are not obligated to complete the project and deliver pledge gifts; or (2) Supporters’ credit cards are charged if a project, within the time limit, has met or surpassed its funding goals. A non- refundable fee of five percent [5%] of the gross amount of successfully raised Pledges, and applicable processing fees retained by the Processor or any other third party, are automatically deducted by the Processor and distributed first to HPP. The net amount of successfully raised Pledges is then directed to the Project Initiator’s Funding Account. Project Initiators are fully responsible in promptly completing the project and delivering pledge gifts. Project Initiators agree: (a) to truthfully and accurately represent their projects which have arisen out of or to have resulted from, in connection with, or by virtue of facts or circumstances of using HPP. It is a breach of this Agreement to post a false or misleading project or to post false or misleading information on your project profile; (b) that Pledges made to a project will only be used on behalf of the project and will not be used for any other purpose; (c) to accept full responsibility for all applicable taxes for all Pledges received under this Agreement; (d) to accept full responsibility with all applicable labor and employment requirements, including, but not limited to, state worker’s compensation insurance coverage requirements and any U.S. immigration visa requirements; (e) that HPP makes no guarantee regarding the number of Supporters, amount of Pledges, or the full receipt of the targeted funding goal; (f) not to abuse other Users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project Initiator’s project, or is not related to fulfilling delivery of a pledge gift or service explicitly specified in the Project Initiator’s project; and (g) that HPP is not responsible for issuing refunds for Pledges that have been collected. Instead, Project Initiators may issue refunds at their own discretion and are fully liable for any billing discrepancies whether or not a refund is issued (e.g., erroneous charge, unauthorized charge, credit card processing fees charged by Processor, fees charged by HPP, etc…).
  3. Supporters And Pledging To Projects. Any User may become a Supporter by making a Pledge to a project on HPP with an open funding request. All Pledges are immediately canceled if a project has NOT met its funding goals within the time limit. If so, Project Initiators are not obligated to complete the project and deliver pledge gifts. Supporters’ credit cards are charged, however, only if a project, within the time limit, has met or surpassed its funding goals. Project Initiators are then fully responsible in promptly completing the project and delivering pledge gifts. Supporters agree that: (a) it is solely the Supporters choice to contribute to a project; (b) making a Pledge does not give the Supporter any rights in or to that project, including, without limitation, any ownership, control, or distribution rights, and that the Project Initiator may solicit other Pledges for the project, enter into contracts for the project, allocate rights in or to the project, and otherwise direct the project in its sole discretion; (c) HPP does not guarantee that any project’s funding goals will be met; (d) any pledge gifts offered to You are between You and the Project Initiator only, and HPP does not guarantee that the pledge gifts will be delivered to You; (e) HPP does not warrant the use of any Pledges or the outcome of any project; (f) HPP makes no representations regarding the deductibility of any financial contribution for tax purposes. Please consult Your tax advisor for more information; and (g) HPP is not responsible for issuing refunds for Pledges that have been collected. Instead, Project Initiators may issue refunds at their own discretion and are fully liable for any billing discrepancies whether or not a refund is issued (e.g., erroneous charge, unauthorized charge, credit card processing fees charged by Processor, fees charged by HPP, etc…).
  4. Disputes And Project Cancellations. As a venue, User agrees that HPP: (a) does not oversee the performance or punctuality of projects and is not responsible for any damage or loss incurred as a result of User using the Service; (b) is under no obligation, whether implied or otherwise, to become involved in disputes between Project Initiators and Supporters, or between User and any third party; (c) reserves the right to cancel, interrupt, or suspend a project listing at any time and for any reason; (d) reserves the right to refund all Pledges or payments at any time and for any reason; (e) reserves the right to remove a project listing from public listings at any time and for any reason; (f) that in the event of a dispute, User agrees to release HPP, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes; and (g) the User agrees to waive any similar, equivalent, or comparable statute which requires that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. HPP encourages Users to communicate directly with other Users through the tools available on the Service.
  5. User Ownership Of Processor. User is solely responsible for obtaining access to the Processor, and shall pay any service fees associated with such access. Additionally, User must provide all equipment necessary to make such connection to the Processor, including a computer and modem or other access device. The User is solely responsible for, but not limited to, registering and complying with all rules and agreements set forth by the Processor. User assumes full responsibility for all acts or omissions that occur under User’s Processor Account and/or taken in connection with User’s use of HPP. HPP cannot and will not be liable for any loss or damage arising from User and/or third party use of User’s Processor Account and/or use of HPP. User agrees that under no circumstances will HPP be liable, in any way, for any acts or omissions by any User or third party, including any damages of any kind incurred as a result of such acts or omissions while using the User’s Processor Account and/or use of HPP. User is fully liable for any billing discrepancies whether or not a refund is issued (e.g., erroneous charge, unauthorized charge, credit card processing fees charged by Processor, fees charged by HPP, etc…).
  6. Modifications To Service. User agrees that HPP may establish general practices and limits concerning use of HPP and may modify or discontinue, temporarily or permanently, HPP (or any part thereof) with or without notice at any time. User agrees that HPP shall not be liable to User or to any third party for any modification, suspension or discontinuance of HPP. Unless explicitly stated otherwise, any new features that augments or enhances the current HPP service, including the release of new HPP tools and resources, shall be subject to the Agreement.
  7. Additional Software. With respect to any additional software that may be made available by HPP in connection with the HPP service, if User downloads or accesses such additional software or third party software or content (collectively, “Additional Software”) made available through HPP, User acknowledges that User may have to agree to additional terms and conditions before User may use such Additional Software. User also agrees that the use of any Additional Software obtained through HPP shall not cause or imply any sale, license, or other transfer of proprietary rights of or in any Additional Software to the User. User shall use any Additional Software only as expressly authorized under the Additional Software’s Terms of Use Agreement or license. For greater certainty, by downloading any Additional Software made available through HPP, User agrees to the Terms of Use Agreement or license agreement posted on HPP with respect to the Additional Software, the terms of which are incorporated by reference herein for the benefit of such third party providers. IF USER DOES NOT AGREE TO THE TERMS OF USE AGREEMENT OR LICENSE AGREEMENT, DO NOT DOWNLOAD THE ADDITIONAL SOFTWARE OR CONTENT.
  8. Fees. Only Project Initiators, who have met or surpassed funding goals within the time limit, are required to pay a fee to HPP. All other Users may use HPP for free. A non- refundable fee of five percent [5%] of the gross amount of successfully raised Pledges is automatically deducted by the Processor and distributed directly to HPP. All fees are due upon receipt and are non-refundable. HPP may change its fees and Services at any time. User authorizes HPP directly or through third parties, to make any inquiries it considers necessary to validate User’s account and financial information. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and User shall be responsible for payment of all such taxes, levies, or duties. User agrees to pay for any such taxes that might be applicable to User’s use of HPP and payments made by User herein.
    a. Invoices. If applicable, HPP will invoice Project Initiator for the Services performed by HPP. Each invoice shall be due and payable to HPP in U.S. dollars within fifteen [15] calendar days from the invoice date and any past due undisputed amounts shall thereafter accrue interest, until paid, at the lesser of one and a half percent [1.5%] per month or the maximum interest rate permitted under applicable law.
    b. Holds. To protect against the risk of liability, HPP may request that the Processor hold a Project Initiator’s funds based on certain factors, including, but not limited to, Project Initiator’s history of use of HPP, User feedback, or the filing of an Abuse claim. Processor will hold funds pursuant to the terms of the Processor User Agreement, Processor policies and any other agreement entered into between Processor and its users.

Our Proprietary Rights. Company or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.


If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser fifty dollars ($50).

Indemnity. You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act (“DMCA”) Notice. Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows: Email: lulu@handpickednation.com. It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information. Should you have any questions you may contact us at lulu@handpickednation.com

Effective Date: These Terms of Use were last updated on January 26, 2012.