Terms of Use

Last updated: November 29, 2020

Welcome to Happy Things! (“Company”, "us", "we", or "our")
These Terms of Use, together with the Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the Happy Things mobile app, website, Facebook and Instagram pages (“Service”, “Services”) provided or operated by Happy Things, including any content and functionality offered through the Service.

Please read the Terms of Use carefully before using the Service. By using the Service, you  represent that you are at least 13 years of age. Further, you accept and agree to be bound and abide by these Terms of Use. If you are not 13 years old or do not want to agree to these Terms of Use, you must not access or use the service. We reserve the right to change, add or remove portions of these Terms of Use  and any documents incorporated herein at any time and at our sole discretion. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service  following the posting of any changes means that you accept and agree to such changes. It is your responsibility to check these Terms of Use periodically for changes. 

Use of the Service

General

The Service has been designed by Happy Things with the purpose of helping people increase their happiness and wellbeing through small activities. We encourage you to consult with your healthcare provider before commencing the Service. By using our Service you represent that you are in good enough health to begin these Service, which may include suggestions for diet or physical activity changes, among other things. If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained the express approval from a healthcare professional to receive the Service before beginning.
Our Service requires your active participation and engagement. Individual results will vary between users for a variety of reasons and we cannot guarantee that your happiness and wellbeing will improve.

Happy Things or its creators are not licensed medical care providers, and the Service offered by us do not include the provision of medical care. We encourage you to consult with a healthcare provider before using our service. You should not change any treatment, care plan, medication or therapy based on information provided through our service. Any activity suggested by us is supplemental to any treatment or care provided by your healthcare provider and should not replace regular medical visits. Questions regarding medical treatments should be directed to your healthcare provider. Never disregard professional medical advice because of something you have read in connection with our Service. Always consult with your healthcare professional if you have any questions or concerns about your health or condition. 

Registration

You may be required to register with Happy Things in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including being contacted via email.

Term and Termination

The term of this Agreement will begin when you start using the Service and will continue indefinitely unless terminated by either party as permitted herein. The Company may suspend or terminate your access to the Service if you (a) breach any term of this Agreement, or (b) engage in any conduct that the Company determines in its discretion may have an adverse effect on the Company or its reputation. Upon termination, you will no longer have access to the Service or content provided through the Services. In addition to termination, the Company reserves the right to pursue any and all remedies available to it.

Modifications to Service

Happy Things reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Happy Things shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Intellectual Property Ownership

You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Happy Things, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Happy Things, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Happy Things. Any reproduction, publication, further distribution, or public exhibition of materials provided through the Service, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Service and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, or transmitted in any way (including “mirroring”) to any other computer, server, Service or another medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

User Content Posted on or through the Service

You are solely responsible for the Content and other materials you Post on or through the Service or transmit to or share with other users or recipients (collectively, “User Content”). You will not Post any Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By Posting any User Content you hereby grant and will grant Happy Things and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Happy Things are non-confidential and we will be free to use any ideas, concepts, know-how, or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products.

Confidentiality

We will use and protect your personal information pursuant to the Privacy Policy. You agree not to reveal or disclose any confidential information of the Company (which includes information, materials, and content provided in connection with the Service) for any purpose without the Company’s consent.

Content

The information provided by us is offered for information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Service may provide information about health and wellness, however nothing on this Service should be construed as any kind of medical advice or recommendation, and should not be relied on as the basis for any clinical decision or action. Medical advice should always be sought from a qualified medical practitioner. We are not responsible for any health or medical problems that may result from your use of the Services. You agree that you are voluntarily participating in the Services and do so at your own risk.

Service Access and Changes

We reserve the right to withdraw or amend this Service or materials we provide in connection with the Service, in our sole discretion. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service to users. We also may update the content on this Service from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date.

Third Party Links and Technology

Any and all third party technology or Services provided, made available, linked to, or otherwise accessible through the Service (“Third Party Technology”) is provided solely as a convenience to you and not under our control. We do not have any responsibility or liability to you for any Third Party Technology which you access and you use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology. We encourage you to review the terms of use and privacy policies applicable to such Third Party Technology.

Indemnity

You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions, injuries or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service.

Disclaimer

Happy Things is not a medical organization. You should not consider the Services or documentation as medical advice of any kind. The service is not intended to treat any illness, disease or adverse medical condition, or manage a chronic disease or condition. 

By using our Services, you expressly agree that use of the Service is at your own risk. The Service is provided on an “AS IS” and “as available” basis. Neither The Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) do not guarantee that the use of the Services will be uninterrupted or error-free. We do not warrant the accuracy, integrity or completeness of the content provided on the Service. No oral advice or written information given by us will create a warranty.
 

Limitation of Liability

Except where prohibited by law, in no event will we be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the service, including but not limited to reliance by you on any information obtained from the Service.