Terms of Use
Last Updated: May 31, 2018
1. INTRODUCTION
Welcome to gethappy.life.com (the “Website“). The Website is owned and operated by GetHappy.Life, LLC. (“GetHappy.Life“, “us” or “we“).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website.
2. PRIVACY AND YOUR ACCOUNT
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.
You must be 18 years of age or older to visit or use the Website in any manner. Our service does not address anyone under the age of 13.
3. RESTRICTIONS ON USE; LIMITED LICENSE
All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
4. THIS WEBSITE DOES NOT PROVIDE MEDICAL OR LEGAL ADVICE
The Content on the Website is provided for informational purposes only. Neither the Content nor information or materials communicated by other users is a substitute for professional medical advice or treatment or legal advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or mental health issue, before starting any new treatment or making any changes to existing treatment, or before taking any prescription or over the counter drugs. Only your physician or qualified health provider can provide you with advice on what is safe and effective for you. Never disregard professional medical or legal advice or delay in seeking it because of something you have learned from materials you have received from, or read on, the Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. GetHappy.Life does not recommend or endorse any specific course of action, tests, resources, physicians, products, services, treatments, procedures, drugs, opinions, or other information that may be mentioned or advertised on the Website. Reliance on any information provided by GetHappy.Life, on persons appearing on the Website at the invitation of GetHappy.Life, or on other users is solely at your own risk.
The Website may contain health- or medial-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Website.
5. USE AND PROTECTION OF PASSWORD AND ID.
GetHappy.Life will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and GetHappy.Life shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND GETHAPPY.LIFE, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify GetHappy.Life of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
6. SYSTEM REQUIREMENTS.
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). GetHappy.Life may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to GetHappy.Life.
7. SUBMISSIONS
The Website may allow You to post reviews, comments, photographs, recipes and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
8. LINKS TO OTHER WEBSITES.
The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by GetHappy.Life of the contents on such third-party web sites. GetHappy.Life is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
9. Liability
The Website and the Content may contain inaccuracies or typographical errors. GetHappy.Life makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Content. The use of the Website and the Content is at your own risk. Changes are periodically made to the Website and may be made at any time. GetHappy.Life cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by a User from GetHappy.Life or through or from the Website shall create any warranty not expressly stated herein.
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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Website.
Because user authentication on the Internet is difficult, GetHappy.Life cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website, in the event that You have a dispute with one or more users, You release GetHappy.Life (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
10. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT POSSIBLE BY LAW, GETHAPPY.LIFE DOES NOT WARRANT THAT THE WEBSITE OR ANY GETHAPPY.LIFE SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, GETHAPPY.LIFE IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GETHAPPY.LIFE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. GETHAPPY.LIFE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE GETHAPPY.LIFE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE WEBSITE AND ANY PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL OR A LICENSED ATTORNEY. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL OR ATTORNEY, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
11. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to (i) any User Generated Content or other material you provide to the Website, (ii) your use of any Content, or (iii) any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
12. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL GETHAPPY.LIFE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GETHAPPY.LIFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT POSSIBLE BY LAW, GETHAPPY.LIFE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
14. COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
As a condition to your use of the GetHappy.Life Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. GetHappy.Life reserves the right to terminate the accounts of any Users, and block access to the Website of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. GetHappy.Life reserves the right, in its sole discretion, to take these actions to limit access to the Website and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact GetHappy.Life as set forth in Notice and Procedure for Making Claims of Copyright Infringement.
15. AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
16. ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below according to the notice requirements of the Digital Millennium Copyright Act pursuant to 17 U.S.C. Section 512. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the Website
- Your address, telephone number, and e-mail 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, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
GetHappy.Life’s DMCA registered agent for notice of claims of copyright infringement on the Website can be reached by email at [email protected] or by regular mail at as follows:
GetHappy.Life LLC c/o Vomisa
Attn: Copyright Agent
75 Park Plaza, 2nd Floor
Boston, Massachusetts 02116
Report Abuse. If you believe any users violate these Terms of Use, please contact us at [email protected].
Contact. If you need to contact us for any reason, please contact us at [email protected].
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, GetHappy.Life’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect GetHappy.Life’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the GetHappy.Life Websites, a particular “Legal Notice,” or software license or material on particular pages on the GetHappy.Life Websites, these Terms constitute the entire agreement between You and GetHappy.Life with respect to the use of the GetHappy.Life Websites. No changes to these Terms shall be made except by a revised posting on this page.
18. GEOGRAPHIC RESTRICTIONS
The Website is based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
19. Term and Termination.
These Terms will remain in full force and effect while You are a User of the Website. GetHappy.Life reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Website and immediate termination of Your registration with or ability to access the Website and/or any other services provided to You by GetHappy.Life, upon any breach by You of these Terms or if GetHappy.Life is unable to verify or authenticate any information You submit to the Website registration. Even after You are no longer a User of the GetHappy.Life Website, certain provisions of these Terms will remain in effect, including Sections 3, 7, 8 through 143, inclusive, and 17.