Terms of Use
Please read these terms of use carefully before using this site
By using the Happyfulminds.com website (the “Site”) or any Happyful Minds applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to Happyful Minds, Ltd. and “Services” refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you.
You agree that by using the site, any applications, and the services you are at least 18 years of age and you are legally able to enter into a contract.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and also limit the remedies available to you in the event of a dispute.
1. Privacy Policy. Happyful Minds respects your privacy and permits you to control the treatment of your personal information. A complete statement of Happyful Minds’ current Privacy Policy can be found by clicking here. Happyful Minds’ Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, username or password at any time. You agree to notify Happyful Minds immediately of any unauthorized use of your account, username or password. Happyful Minds shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Happyful Minds, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
In connection with the use of certain Happyful Minds products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Happyful Minds a worldwide, royalty-free, non-exclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Happyful Minds at any time by removing your personal information from the applicable service.
2. Ownership. This Site and Applications are owned and operated by Happyful Minds, Ltd. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Happyful Minds or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Happyful Minds, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Happyful Minds’ intellectual property rights, whether by estoppel, implication or otherwise. Happyful Minds does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Happyful Minds. Any rights not expressly granted herein are reserved by Happyful Minds.
3. Limited Permission to Download.Happyful Minds hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Happyful Minds (each a “Third Party Site”). Happyful Minds may also provide links to other citations or resources with whom it is not affiliated. Happyful Minds is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Happyful Minds makes no guarantees about the content or quality of the products or services provided by such sites. Happyful Minds is not responsible for webcasting or any other form of transmission received from any Third Party Site. Happyful Minds is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Happyful Minds of the Third Party Site, nor does it imply that Happyful Minds sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Happyful Minds is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Dispute resolution by binding arbitration. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us at hello@happyfulminds.com. In the unlikely event that Happyful Minds is unable to resolve your complaint to your satisfaction (or if Happyful Minds has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
6. Additional Terms. Some Happyful Minds Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service unless the Additional Terms expressly state that these Terms of Use will control.
7. No warranty. The site, applications, and all materials, documents or forms provided on or through your use of the site or applications are provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, Happyful Minds expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Happyful Minds makes no warranty that (a) the site, applications, or the materials will meet your requirements; (b) the site, applications, or the materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the site, applications, or any materials offered through the site or applications, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by you through the site, applications, or in reliance on the materials will meet your expectations.
Obtaining any materials through the use of the site or applications is done at your own discretion and at your own risk. Happyful Minds shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
8. Limitation of liability and indemnification. Except as prohibited by law, you will hold Happyful Minds and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however, it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if Happyful Minds has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of Happyful Minds, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
9. Compliance with Intellectual Property Laws. When accessing Happyful Minds or using a Happyful Minds Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Happyful Minds user account.
Happyful Minds has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Happyful Minds or of a third party or that violate intellectual property rights generally. Happyful Minds’ policy is to remove such infringing content or materials and investigate such allegations immediately.
10. Inappropriate Content. When accessing the Site, any Applications, or using Happyful Minds’ Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Happyful Minds reserves the right to terminate or delete such material from its servers. Happyful Minds will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
11. Personal Use. The site is made available for your personal use on your own behalf
12. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
13. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Happyful Minds, Ltd. ALL RIGHTS RESERVED.
14. Trademarks. Happyful Minds, Happyfulminds.com, the Happyful Minds logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Happyful Minds. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
15. Right to Refuse. You acknowledge that Happyful Minds reserves the right to refuse service to anyone and to cancel user access at any time.
16. Acknowledgement. By using Happyful Minds’ services or accessing the Happyful Minds site or applications, you acknowledge that you have read these terms of use and agree to be bound by them.
Updated February 11, 2016