HAPPYSPREE APP TERMS AND CONDITIONS
These terms of use govern the use of the services offered by HappySpree.app and the HappySpree.app web service. Such services and web site together are hereinafter referred to as the “service.” Please read these terms of use and the HappySpree privacy policy carefully (the “privacy policy”) before using the service.
The use of these services by you constitutes your acceptance of and agreement to all of the terms and conditions in these terms of use and the privacy policy and your representation that you are 18 years of age or older. If you disagree to anything in these terms of use or the privacy policy, you are not permitted to use the service. The privacy policy is incorporated by reference into these terms of use and these terms of use and the privacy together are hereinafter referred to as this “agreement.”
This agreement is subject to change at any time, effective upon posting on the service. The use of the services after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these terms of use and the privacy policy to see if they have been changed.
HappySpree.app is a gratitude journal, happiness and health blog, and happiness and health store. HappySpree.app or its affiliates or licensors are not responsible for the behavior and conduct, whether offline or online, of any users of the service. HappySpree.app and its affiliates and licensors will not be responsible and liable for or injury, damage or claim arising in connection with the use of these services by you. Users of the service contract for tasks directly with other users.
- HappySpree expressly disclaims any liability that may arise between users of its service.
- HappySpree has no control over the use of any user's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact HappySpree.app immediately. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by HappySpree.app terms of use or privacy policy. You access such third-party websites at your own risk.
- app expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the service. You hereby agree to hold HappySpree.app harmless from any liability that may result from the use of links that may appear on the service, links (such as hyperlinks) from HappySpree.app to other sites on the web do not constitute the endorsement by HappySpree.app of those sites or their content. Such links are provided as an information service, for reference and convenience only.
- The app does not control any such sites, and is not responsible for their content. the existence of links on the service to such websites (including without limitation external websites that are framed by the HappySpree.app service as well as any advertisements displayed in connection therewith) does not mean that HappySpree.app endorses any of the material on such websites, or has any association with their operators.
- It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
- You may not solicit, advertise for, or contact in any form users for employment, contracting, or any other purpose not related to without limitation, the service may not be used to solicit for any other business, website or service.
- The services may be used for your personal, non-commercial use only; you may not use the service in connection with any commercial endeavors whatsoever without the express prior written consent of the HappySpree.app.
You may not use the service to collect user names and/or email addresses of members by electronic or other means without the express prior written consent of the HappySpree.app. - You enable the HappySpree.app to use your information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in your information, in any media now known or not currently known.
- You are solely responsible for your information, and we act merely as a passive conduit for your online distribution and publication of your information.
- You hereby represent and warrant to HappySpree.app that your information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for HappySpree.app or cause HappySpree.app to lose (in whole or in part) the services of its isps or other partners or suppliers.
- Refunds or credits for merchandise will be provided upon request, if made within seven days of ordering.
- The app will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold HappySpree.app harmless for any damages that may result therefrom.
- The app will use third party services to process credit card information. For further information regarding that service, please contact HappySpree.app to request information about HappySpree.app credit card processing providers.
- You will be liable for all transaction taxes on the services provided under this agreement (other than taxes based on HappySpree.app income).
- Without limitation, HappySpree.app may terminate or suspend your right to use the service if you breach any term of this agreement or any policy of HappySpree.app posted on the service from time to time, or if HappySpree.app otherwise finds that you have engaged in inappropriate and/or offensive behavior. If HappySpree.app terminates or suspends your right to use the service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, HappySpree.app reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- app may terminate or suspend your right to use the service at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
You may terminate this agreement at any time by ceasing all use of the service. All sections which by their nature should survive the expiration or termination of this agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement even after your right to use the service is terminated or suspended, this agreement will remain enforceable against you. - The service marks and trademarks of the HappySpree.app, including without limitation HappySpree.app and the HappySpree.app logo are service marks owned by HappySpree.app. Any other trademarks, service marks, logos and/or trade names appearing on the service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
All text, graphics, editorial content, data, formatting, graphs, designs, html, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "proprietary material") that users see or read on the service is owned by HappySpree.app or are used by permission. Proprietary material is protected in all forms, media and technologies now known or hereinafter developed. - app owns all proprietary material as well as the coordination, selection, arrangement and enhancement of such proprietary materials as a collective work under the United States copyright act, as amended. The proprietary material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the service without Work Wizard’s express prior written consent. Any use of such proprietary material, other than as permitted therein, is expressly prohibited without the prior permission of the HappySpree.app and/or the relevant right holder. HappySpree.app respects the intellectual property of others, and expects users to do the same.
- The app upon termination of this agreement for any reason whatsoever, the term “confidential information” shall mean any and all of HappySpree.app trade secrets, confidential and proprietary information and all other information and data of HappySpree.app that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. confidential information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
- Without limiting the foregoing, neither HappySpree.app nor its affiliates or licensors warrant that access to the service will be uninterrupted or that the service will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the service, or as to the timeliness, accuracy, reliability, completeness or content of any or service, information or materials provided through or in connection with the use of the service.
- Neither HappySpree.app nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service.
- Neither nor its affiliates or licensors is responsible for the conduct, whether online or offline of users.
- Neither HappySpree.app nor its affiliates or licensors warrant that the service is free from viruses, worms, trojan horses, or other harmful components.
- app and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others. Under no circumstances will HappySpree.app, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants is liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same.
- You agree not to hold HappySpree.app, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the service.
- If, notwithstanding the foregoing exclusions, it is determined that HappySpree.app or its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to HappySpree.app during the six (6) months prior to the time such claim arose.
- Binding arbitration. If you and HappySpree.app are unable to resolve a dispute through informal negotiations, either you or HappySpree.app may elect to have the dispute (except those disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this agreement, you and HappySpree.app may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Informal negotiations. to expedite resolution and reduce the cost of any dispute, controversy or claim related to this agreement ("dispute"), you and HappySpree.app agree to first attempt to negotiate any dispute (except those disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to HappySpree.app - Exceptions to alternative dispute resolution. You and HappySpree.app agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of your or HappySpree.app intellectual property rights; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
You and HappySpree.app agree that any arbitration will be limited to the dispute between HappySpree.app and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Governing law. Except as expressly provided otherwise, this agreement will be is governed by, and will be construed under, the laws of the state of Utah, without regard to choice of law principles.
Severability. You and HappySpree.app agree that if any portion of this section entitled “dispute resolution and governing law” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “exceptions to alternative dispute resolution” is found to be illegal or unenforceable, neither you nor askfortask.com will elect to arbitrate any dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such dispute will be decided by a court of competent jurisdiction.
Location. Arbitration will take place at any reasonable location in Utah. - The app may from time to time provide certain promotional opportunities to Clients. All promotions will be run at the sole discretion of the HappySpree.app., and can be activated, modified or removed at any time by HappySpree.app without advance notification.
- You hereby agree to indemnify, defend, and hold harmless HappySpree.app, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the service.
- app reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the HappySpree.app.
- Failure by HappySpree.app to enforce any provision(s) of this user agreement will not be construed as a waiver of any provision or right.
- This agreement constitutes the entire agreement between you and HappySpree.app with respect to its subject matter. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.
- This agreement will inure to the benefit of HappySpree.app, its successors and assigns no independent contractor, agency, partnership, joint venture; employer-employee or franchiser-franchisee relationship is intended or created by this agreement.
- app reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this agreement (including the privacy policy) at any time, effective with or without prior notice. if any future changes to this agreement are unacceptable to you or cause you to no longer be in compliance with this agreement, you must terminate, and immediately stop using, the service.
- Your continued use of the service following any revision to this agreement constitutes your complete and irrevocable acceptance of any and all such changes. HappySpree.app may change, modify, suspend, or discontinue any aspect of the service at any time. HappySpree.app may also impose limits on certain features or restrict your access to parts or all of the service without notice or liability.
I hereby acknowledge that I have read and understand the foregoing terms of use and the HappySpree.app privacy policy and agree that my use of the service is an acknowledgment of my agreement to be bound by the terms and conditions of this agreement.
Updated 03/31/21