Web Services Users and Web Site Visitors
Like most Web services operators, HappyApps collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. HappyApps purpose in collecting non-personally identifying information is to better understand how HappyApps visitors use its website and services. From time to time, HappyApps may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website and services.
HappyApps also collects potentially personally-identifying information like Internet Protocol (IP) addresses. HappyApps does not use such information to identify its visitors and does not disclose such information other than under the circumstances described below.
Gathering of Personally-Identifying Information
Certain visitors to HappyApps website and services choose to interact with HappyApps in ways that require HappyApps to gather personally-identifying information. The amount and type of information that HappyApps gathers depends on the nature of the interaction. For example, we ask users of the HappyApps application to provide a username and email address. In each case, HappyApps collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with HappyApps. HappyApps does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain activities.
HappyApps may collect statistics about the behavior of visitors to its websites and service. For instance, HappyApps may reveal aggregate data on how much log data an average customer collects, or what the most common search terms used are across all customers. However, HappyApps does not disclose personally-identifying information other than as described below.
HappyApps collects, aggregates, and stores log and audit data for its customers. HappyApps in turn will not disclose individual log records other than aggregates as described above or for the purposes described below.
Protection of Certain Personally-Identifying Information
HappyApps discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on HappyApps behalf or to provide services available at HappyApps service, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using HappyApps services, you consent to the transfer of such information to them. HappyApps will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, HappyApps discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when HappyApps believes in good faith that disclosure is reasonably necessary to protect the property or rights of HappyApps, third parties, or the public at large. If you are a registered user of a HappyApps service and have supplied your email address, HappyApps may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with HappyApps and our products. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. HappyApps takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.
Links to Other Websites
We take precautions to ensure the security of your personal information. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your personal information despite our efforts. You should note that in using the Website and our related services, your information will travel through third party infrastructures which are not under our control.
If, at any time after registering, you change your mind about receiving information from us or about the use of information volunteered by you, please send us a request specifying your new choice. Please contact us as specified above.
Terms & Conditions
Introduction / Acceptance
Limitations Of Services
You acknowledge that HappyApps may establish limits concerning use of the Services, including the maximum number of days that content will be retained by the Services, the maximum number and size of log files or other content that may be transmitted or stored by the Services, the frequency with which you may access the Services and the locations where the Service is available. You agree that HappyApps has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services. You acknowledge that HappyApps reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that HappyApps shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Access To Services
You are responsible for obtaining access to the World Wide Web through devices that access web-based content. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Account Registration And Fees
In order to use the Services, you must register and create an account with HappyApps on the Site. HappyApps offers various types of accounts, including a free account and a paid account. HappyApps reserves the right to suspend or terminate your account at any time. A valid credit card is required for paid accounts. The Services are billed in advance on a monthly basis and all fees are non-refundable. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. HappyApps also reserves the right, at any time, to impose or restructure any fees charged for your use of the Services. HappyApps will notify you in advance of any changes with respect to fees it chooses to impose. By registering you agree that HappyApps may identify you as a HappyApps customer on HappyApps websites, client lists, press releases, and/or other marketing. You also agrees that HappyApps may publish a brief description highlighting your deployment of the Software.
HappyApps Proprietary Rights
All trademarks, service marks, logos, trade names and any other proprietary designations of HappyApps used herein are trademarks or registered trademarks of HappyApps. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- You expressly understand and agree that HappyApps shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HappyApps has been advised of the possibility of such damages), resulting from your use of the API.
- Abuse or excessively frequent requests to HappyApps via the API may result in the temporary or permanent suspension of your account’s access to the API. HappyApps, in its sole discretion, will determine abuse or excessive usage of the API. HappyApps will make a reasonable attempt via email to warn the account owner prior to suspension.
- HappyApps reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
User Content Rights
Notwithstanding the foregoing, You may also disclose to us certain User Content, including without limitation feedback and comments, via HappyApps community communication tools, such as wikis and bulletin boards (“User Proposals”). By submitting User Proposals to HappyApps, You hereby grant to HappyApps a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into HappyApps products or services, create derivative works from, or otherwise exploit any such User Proposals.
You agree not to do any of the following in connection with using the Services:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, HappyApps name, any HappyApps trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without HappyApps' express written consent;
- Access, tamper with, or use non-public areas of the Site, HappyApps computer systems, or the technical delivery systems of HappyApps providers; Attempt to probe, scan, or test the vulnerability of any HappyApps system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HappyApps or any of HappyApps providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through the API, software and/or search agents provided by HappyApps or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a HappyApps trademark, logo URL or product name without HappyApps express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express prior permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- "Stalk" or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content;
Interactions With Other Users
You are solely responsible for your interactions with other users. You understand that HappyApps does not in any way screen its users, nor does HappyApps inquire into their backgrounds. HappyApps makes no representations or warranties as to the conduct of users. In no event shall HappyApps be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Services or persons you meet through the Services. You agree to take reasonable precautions in all interactions with other users of the Services, particularly if you decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other users.
Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify HappyApps copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Information reasonably sufficient to permit HappyApps to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
HappyApps Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Happy Apps LLC
800 Concar Drive, #100
San Mateo, CA 94402
For clarity, only DMCA notices should go to the HappyApps Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to HappyApps customer service through email@example.com.
Third Party Sites / Links
The Site and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of HappyApps, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Services, 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 such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that HappyApps shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Services, or between users and any third party, you understand and agree that HappyApps is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release HappyApps, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HAPPYAPPS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HAPPYAPPS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HAPPYAPPS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HAPPYAPPS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE HAPPYAPPS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HAPPYAPPS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL HappyApps BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HAPPYAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE HappyApps SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE HAPPYAPPS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Integration And Severability
Assignment Of Terms
Headings For Convenience Only
Headings are for convenience only and have no legal or contractual effect.