Introduction
These Website Standard Terms and Conditions (the “Terms”) govern your access and use of the HAPPY FACE PRESS website, located at www.happyfacepress.com (the “Website”), and constitute a legally binding agreement between you and HAPPY FACE PRESS. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use the Website.
Intellectual Property Rights
The Website and all of its content, including but not limited to text, images, graphics, logos, and software, are protected by intellectual property rights, including but not limited to copyright, trademark, and trade secret laws. HAPPY FACE PRESS and its licensors own and retain all rights, title, and interest in and to the Website and its content. Nothing in these Terms grants you any right, title, or interest in or to the Website or its content, except for the limited license to use the Website as set forth in Section 3 below.
License to Use the Website
Subject to your compliance with these Terms, HAPPY FACE PRESS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use. You may view, download, and print portions of the content from the Website for your personal use, but you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise use any content or software from the Website without the express written consent of HAPPY FACE PRESS.
Prohibited Uses
You may not use the Website or any of its content for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or any accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
User Content
The Website may allow users to post, upload, or otherwise make available content, including but not limited to text, images, and videos (collectively, “User Content”). You are solely responsible for your User Content and any consequences of posting or publishing it. By posting or publishing User Content, you represent and warrant that: (i) you have the right to post or publish the User Content and grant HAPPY FACE PRESS the rights set forth in these Terms; (ii) the User Content is accurate and not misleading; and (iii) the use and posting or publishing of the User Content will not violate any rights of or cause injury to any person or entity.
HAPPY FACE PRESS takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. HAPPY FACE PRESS may, but is not obligated to, monitor or review User Content from time to time and may delete any User Content that it deems in its sole discretion to be in violation of these Terms or otherwise objectionable.
Third-Party Links
The Website may contain links to third-party websites or resources. You acknowledge and agree that HAPPY FACE PRESS is not responsible or liable for the availability or accuracy of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that HAPPY FACE PRESS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource.
Disclaimer of Warranties
THE WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HAPPY FACE PRESS DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAPPY FACE PRESS DOES NOT WARRANT THAT THE CONTENT CONTAINED ON THE WEBSITE WILL BE ACCURATE, RELIABLE, OR COMPLETE.
Limitation of Liability
IN NO EVENT SHALL HAPPY FACE PRESS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY CONTENT CONTAINED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF HAPPYFACE PRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless HAPPY FACE PRESS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including but not limited to User Content submitted by you.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States without giving effect to any principles of conflicts of law.
Dispute Resolution
Any dispute arising out of or relating to these Terms or the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Changes to these Terms
HAPPY FACE PRESS reserves the right to make changes to these Terms at any time. Your continued use of the Website following the posting of changes to these Terms will mean you accept those changes.
Contact Information
If you have any questions about these Terms, please contact HAPPY FACE PRESS at www.happyfacepress.com.