Terms
Last updated: January, 2022
PLEASE READ THESE TERMS (“TERMS”, “TERMS AND CONDITIONS”) OF USE CAREFULLY BEFORE USING THE HAPPIE HELP MOBILE APPLICATION (THE “SERVICE) OPERATED BY HAPPIE HELP LLC (“US”, “WE”, OR ‘OUR), A DELAWARE CORPORATION. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE APP HAPPIE HELP AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY HAPPIE HELP (COLLECTIVELY WITH THE SITE, THE “SERVICE”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Content
Our Service allows you to post and otherwise make available certain information, text, photos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that:
(i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Happie Help cannot guarantee the authenticity of any Content or data which users may provide. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Happie Help on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, “User Submissions.”
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Happie Help LLC has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of Happie Help LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Happie Help and represent, warrant and covenant that you provide Happie Help with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and/or mobile telephone number and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Happie Help account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.
Please do not:
-use a User Name that is the name of another person with the intent to impersonate that person;
-use a User Name or Happie Help account that is subject to any rights of a person other than you without appropriate authorization;
-create any account for anyone other than yourself without such person’s permission or;
-use a User Name that is a name that is offensive, vulgar or obscene or otherwise unlawful.
Happie Help reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Happie Help password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Happie Help in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
When you create an account with us, you represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service.
You guarantee that you are above the age of 15, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
You are also responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to policy@happiehelp.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
-an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
-a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
-identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
-your address, telephone number, and email address;
-a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
-a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email here.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Happie Help LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Happie Help LLC.
User Submissions
We may use your User Submissions in a number of different ways in connection with the Site, Service and Happie Help’s sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Foursquare a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Happie Help (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to Foursquare does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Happie Help.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Happie Help will not be liable for any errors or omissions in any Content; and that Happie Help cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
General Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. You agree to abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
-infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
-you know is false, misleading, untruthful or inaccurate;
-is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Happie Help;
-commercial activities (whether or not for profit) and/or sales without Happie Help’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
-contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Foursquare or any third party;
-impersonates any person or entity, including any employee or representative of Happie Help;
-includes anyone’s identification documents or sensitive financial information.
If the User Submission includes a photograph:
-Please don’t take photos that include people’s private information, like a credit card or phone numbers; -Don’t upload a photo of anyone who doesn’t want their picture uploaded.
-Use your best possible judgement for any content in your photos.
Happie Help has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
-take any action that imposes or may impose (as determined by Happie Help in its sole discretion) an unreasonable or disproportionately large load on Happie Help’s (or its third party providers’) infrastructure;
-interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
-bypass any measures Happie Help may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
-use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
-harvest or scrape any Content from the Service;
-modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Happie Help;
-decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
-copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
-otherwise take any action in violation of Happie Help’s guidelines and policies.
Happie Help does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. Happie Help has no obligation to monitor the Site, Service, Content, or User Submissions. However, Happie Help reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Happie Help is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Happie Help also reserves the right to access, read, preserve, and disclose any information as Happie Help reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Happie Help, its users and the public.
User Posts Deleted Due to Content
We strive to keep Happie Help a positive and helpful platform for all of its users. That being said we anticipate from time to time there will be posts from users that slip through our software and post to locations that may contain negativity.
To help our community when posts like these occur we have incorporated the “Flag as Inappropriate” button. Users can find this button located next to each post on location feeds, user personal feeds and their friend’s feeds. When a user determines a post is inappropriate or includes negativity or unhelpfulness, they can touch the […] purple button and report the specific post. If/when that specific post has been flag by four (4) users, the post will automatically be removed from our platform. The user will then be notified their posts has been removed via the user email account used to sign up for our service. If at any time a user feels that their posts has been wrongfully removed, you can contact us at support@happiehelp.com.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Happie Help LLC.
Happie Help LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Happie Help LLC 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 third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Happie Help LLC and its licensee and licensors, and their employees, contractors, agents, officers an directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to
attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Happie Help LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, physical, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Mobile Device
If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, please update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Happie Help LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
General Terms
1. We reserve the right to update, modify, or discontinue theService at our sole discretion, at any time, for any or no reason, and without notice or liability.
2. The section titles in the Terms are for convenience only and have no legal or contractual effect.
3. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Happie Help asa result of these Terms or your use of the Service.
3. Any failure on Happie Help’s part to enforce or exercise any right or provision of the Terms does not constitute a waiver of such right or provision. 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 here under. The Terms may not be waived, except pursuant in writing executed by Happie Help.
5. If any provision of the Terms is found to be unenforceable or invalid by a court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
6. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with Happie Help’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
7. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
8. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
9. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Happie Help as a result of these Terms or your use of the Service.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us here.
