The following Terms and Conditions govern your use of the websites or application provided to you by Live Happy, LLC or one of its subsidiaries, and any content made available from or through these websites or applications (the “Sites”). By using the Sites, you accept and agree to these Terms and Conditions as applied to your use of the Sites. If you do not agree to these Terms and Conditions, you may not access, visit and/or use the website.
Acceptance of Terms
Live Happy, LLC ("Live Happy" or "we", "us", "our") provides access to the Live Happy website, located at MyLiveHappy.com, and the Live Happy magazine website, located at LiveHappyMagazine.com and LiveHappy.com, subject to your acceptance of this website User Agreement ("Agreement"). BY USING the Sites, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
When using a particular feature of the Sites, you may also be subject to any posted guidelines, rules, privacy policies, or other contractual provision as noted. Live Happy may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes.
Account and Password
(a) You are solely responsible for all activities within your account under your password and username/email address. Your password should be treated with care and should not be disclosed to anyone. You cannot use your password or anyone else's password for any unauthorized purpose. You indemnify Live Happy and its staff from all claims and liabilities made by a third party resulting from all activities incurred within your account.
(b) In consideration of your use of the website you agree to: (i) provide true, accurate, and current and complete information about yourself as prompted by the website (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the website and future access to the website.
(c) You represent and warrant that you are at least 18 years old and are of sufficient legal age to enter into the binding legal obligations you may incur as a result of creating an account. You agree to be financially responsible for any liability you may incur as a result of using the website.
Rights & Trademarks
Unless where otherwise indicated and excluding User Content (explained below): Copyright © 2014 Live Happy, LLC. All rights reserved.
All content of the Sites (including but not limited to text, copy, articles, photographs, illustrations, graphics, artwork, audio and video), code, data, statistics and all other content, information and materials made available on the Sites are our property. You use of the Sites does not grant to you ownership of any content, code, data, information or materials you may access through the Sites.
All trademarks, logos and service marks displayed on the Sites are our property or the property of other third parties. You are not permitted to use the marks without our prior written consent or the consent of such third party which may own the marks.
We grant you a non-transferable, non-exclusive license to use the Sites for your personal, non-commercial use. We also grant you a non-transferable, non-exclusive license to install and use the applications we make available for mobile and other devices, solely on your own device and for your personal, non-commercial use.
Linking and Framing Policy
(b) Any links to the Sites, when activated by a user, must display the website full-screen and not within a "frame" on the linking website. Further, the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the Live Happy name and trademarks or create the false appearance that Live Happy is associated with, approves of, or is a sponsor of, the linking website. Live Happy reserves the right to revoke its consent to any link at any time in its sole discretion.
(c) Happiness Ambassador websites (explained below) may only be displayed at the assigned Happiness Ambassador URL (available at username.mylivehappy.com), and not within a “frame” on a URL purchased, licensed, acquired or otherwise used by a Happiness Ambassador.
By providing User Content to us, you represent and warrant that the materials are original to you, that no other party has any rights thereto, and that any “moral rights” have been waived. You also grant us, our affiliates and other users of the Sites a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any User Content in any form, media or technology, including for promotional and/or commercial purposes.
Public Discussion Areas
We do not necessarily endorse, support or agree with the comments, opinions or statements posted, sent or otherwise made available on or through the Sites, including in our social, community and public discussion areas. Any User Content posted, sent or otherwise made available on the Sites is the views and responsibility of the user and do not necessarily represent our views or the views of our affiliates, vendors and/or service providers. You agree that we and our affiliates, vendors and/or service providers are not responsible, and shall have no liability, with respect to any User Content posted, sent or otherwise made available on the Sites.
Monitoring of User Content
We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Sites or through the Sites’ features, including in our social, community and public discussion areas, by users, and we are not responsible for any User Content. We may also remove or modify User Content, impose limits on certain features of the forums, restrict user’s access to part or all of the social, community and public discussion areas, terminate User Registration and/or report a user to law enforcement authorities if we believe the user is in breach of the guidelines set forth in our Terms and Conditions or applicable law, or for any other reason without notice or liability.
Prohibitions on Use
Any commercial or promotional distribution, publication or exploitation of the Sites, or any content, data, information or materials on the Sites, is strictly prohibited unless you have received the express prior written consent from us or the applicable rights holder. Other than expressly allowed in these Terms and Conditions, you may not copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate or otherwise provide to others, or use any content, data, information or materials on the Sites, in whole or in part. If you make other use of the Sites, you may violate copyright and other laws and may be subject to liability for such unauthorized use.
You agree that while using the Sites, you shall not:
Live Happy strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior consent has been obtained from the email recipient or unless there is a preexisting business or personal relationship with the email recipient. Live Happy also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Live Happy and/or its products and services. Live Happy prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. If you or anyone you know is “spammed” by someone who is promoting Live Happy, its products or the Happiness Movement, please contact us promptly so that we make take appropriate action.
You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of our respective officers, directors, members, employees, independent and subcontractors, agents, representatives, successors and assigns from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connect with your access, visitation and/or use of the Sites, your placement or transmission of any message, content, information, software or other materials through the Sites, or your breach of violation of the law or of these Terms and Conditions. We reserve the right, and your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Merchandise, Products & Services
We may make certain merchandise, products or services available to users of the Sites. You agree to pay all fees, applicable taxes and charges in full either by credit or debit card concurrent with your order or by other means acceptable to use. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
We may charge fees in advance and on a monthly, yearly or other basis. All fees are due promptly. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy. If there is a cancellation associated with fees charged in advance, such as with a Live Happy subscription, you will receive a prorated refund for any remaining fees.
If you order any merchandise, products or services, you hereby represent and warrant that you are 18 years old or older.
Product Colors and Descriptions
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor’s display of any color will be accurate. Additionally, some products have intentional variations in the color of the fabric, so products received may differ from those pictured. If a product offered is not as pictured, your sole remedy is to return it in new condition (unworn, unwashed, with all tags attached).
Errors, Inaccuracies & Omissions
Occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order). If a product offered is not as described, your sole remedy is to return it in new condition (unworn, unwashed, with all tags attached).
Third Party Sites & Ads
The Sites may contain links to third party websites, services and advertisements for third parties. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by a third party website. Links to third party sites do not constitute an endorsement, sponsorship or recommendation by us of such websites. You use all third party sites at your own risk. When you link to a third party website, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
We respect the intellectual property of others, and we ask that people who use the Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with notice. The notification must be a written communication that includes the following information, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:
FOR COPYRIGHT NOTICES ONLY
ATTN: Copyright Agent
P.O. Box 645
Happy, TX 79042
Only copyright complaints should be sent to the copyright agent. No other communications will be accepted or responded to.
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITES OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPOSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT OR ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT OR AUDIO CONTENT FROM THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITES IS CORRECT AND CURRENT. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE SITES).
THE CONTENT AVAILABLE ON OR THROUGH THIS SERVICE IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, LICENSORS, VENDORS AND/OR SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITES OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITES ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR, VENDOR OR PROVIDER.
Limitation of Liability
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICES PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARTISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF THE INFORMATION VIA THE SITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU FOR YOUR USE OF THE SITES OR PURCHASE OF PRODUCTS VIA THE SITES.
We control and operate the Sites from our offices in the United States of America. We do not represent that materials on the Sites are appropriate or available for us in other locations. Persons who choose to access the Sites 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. All parties to these terms and conditions waive their respective rights to a trial by jury.
We may terminate, change, suspend or discontinue any aspect of the Sites or the Sites’ services at any time. We may restrict, suspend or terminate your access to the Sites and/or its services if we believe you are in breach of our Terms and Conditions or applicable law, or for any other reason without notice or liability. If your access is restricted, suspended or terminated, by you or by us, we have no obligation to retain or remove any User Content from our Sites.
The Terms and Conditions, and the relationship between you and us, shall be governed by the law of the State of Texas, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Texas, County of Dallas, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Dallas County in the State of Texas. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 Terms and Conditions remain in full force and effect.
Changes to Terms and Conditions
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Sites and/or the services made available on or through the Sites after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
If you have any concerns about the website or these Terms, please send an e-mail to email@example.com. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
Happiness Ambassador Account
There are no costs or fees involved with creating a Happiness Ambassador Account.
Happiness Ambassador Account Closures
A Happiness Ambassador Account may be closed at our discretion if no Points are accrued during an 18-month period. All Points in the Happiness Ambassador Account will be forfeited at that time.
Happiness Ambassador Account Activity
We reserve the right to revoke, cancel or suspend any Happiness Ambassador Account, Reward and/or any and all unredeemed Points, or take other action at our discretion, at any time with immediate effect and without written notice, if we believe a Happiness Ambassador has (1) violated any of the Program Rules, (2) failed to pay any bills or accounts due to us, (3) acted in a manner inconsistent with applicable law, regulations or ordinances, (4) engaged in any misconduct or wrongdoing in connection with the Rewards Program, including without limitation, involving Point credit or Reward use, or (5) violated any of the Terms and Conditions herein.
Employees of Live Happy, its subsidiaries and its affiliates are ineligible to participate in the Live Happy Loyalty Points Program.
Other than where prohibited by law, anyone over the age of 13 may create a Happiness Ambassador Account and participate in the Loyalty Points Program. Currently, Loyalty Points may only be redeemed by residents of the United States and its territories.
Limitation of Liability
The awarding and redemption of Points are void where prohibited by federal, state or local laws and are subject to change as may be necessary to comply with such laws and regulations. You release Live Happy and its affiliates from all liability regarding the redemption and use of Points, including any Point redemptions that, after receipt, may be lost, stolen or destroyed.