Terms of Use

Effective Date: April 19, 2022


 IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.  IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE AND THE PRODUCTS AND SERVICES AVAILABLE FOR SALE THROUGH THE SERVICE.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

Overview


Welcome! The following Terms of Use (“Terms”) apply to all visitors or users of our Happy Nation websites, microsites, and mobile websites (each, a “Site”) our mobile application(s) (each, an “App”) and your use of interactive features, widgets, plug-ins, content, downloads and/or other online services that we own and control and that post a link to these Terms (collectively with each Site and each App, the “Service”).  The Service is made available by Happy Nation Brand Management, LLC (“HN”, “we”, “our” or “us”).    


If you want to access or use the Service, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations.   Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted.   Therefore, do not use the Service if you do not agree. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity.


The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Service available to you.


By accessing and/or using the Service, you agree to be bound by these Terms.  In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.  

It is important that you read and understand these entire Terms before using the Service.  To ease review, each section below includes a brief introductory summary and a link to the full explanation.  Please note that the complete provisions, and not the headings or summaries shall govern.   You can click on the headings and “More” buttons to be taken to the full explanation.  Any capitalized terms have the meanings given to them where defined in the Terms.    

Linkable Table of Contents
1. Service Content, Ownership, Limited License and Rights of Others
2. Service and Content Use Restrictions
3. Terms Applicable to Purchases
4. Your Account
5. Your User Content and Community Usage Rules
7. Procedure For Alleging Infringement of Other Intellectual Property
8. Questions
9. Linked-To Websites; Advertisements; Dealings with Third Parties
10. Wireless Features
11. Dispute Resolution
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
13. LIMITATIONS OF OUR LIABILITY
14. Waiver of Injunctive or Other Equitable Relief
15. Updates to Terms
16. General Provisions
17. Terms Applicable For Apple Device Users