Terms of Use

Effective as of October 5, 2021

These Terms of Use (“Terms”) apply to users of the SeeingHappy (“SeeingHappy”, “we”, “our”, or “us”) website (the “Website”).

THESE TERMS SET FORTH LEGALLY BINDING TERMS THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH SEEINGHAPPY AND ARE ACCEPTING THE TERMS AND AGREE TO BE BOUND BY THE TERMS AND ALL ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.

1. USE OF THE WEBSITE

SeeingHappy grants you a non-exclusive, personal, non-transferrable, limited license to use and access the Website in accordance with these Terms.

2. WEBSITE RESTRICTIONS

You are prohibited from using the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) to attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (x) to use any portion of the Website in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; or (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Website, disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law. SeeingHappy reserves the right to terminate your use of the Website for violating any of the prohibited uses.

3. USER CONTENT

“User Content” means any and all information and content that a user submits to, or uses with, the Website, including the submission of photographs, feedback, questions, comments, and suggestions. You are solely responsible for your User Content and assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or a third party. SeeingHappy cannot guarantee any confidentiality with respect to any User Content. You may not represent or imply that your User Content is any way provided, sponsored, or endorsed by SeeingHappy. You are solely responsible for creating and maintaining your own backup copies of your User Content.

You hereby grant (and you represent and warrant that you have the right to grant) to SeeingHappy an irrevocable, non-exclusive, royalty-free, fully-paid, and worldwide license to reproduce, modify, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

4. ACCEPTABLE USE POLICY

You agree not to upload, transmit, display, or distribute to SeeingHappy any User Content that: (i) violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. SeeingHappy reserves the right (but has no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate this Section 4 or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, suspending or terminating your account, and/or reporting you to law enforcement authorities.

If you upload User Content featuring an individual under the age of eighteen (18), you represent and warrant that: (i) you are the parent or legal guardian of the individual featured in the User Content; (ii) the individual’s participation in your User Content is voluntary; and (iii) the individual is not portrayed in the User Content in a voyeuristic, unlawful, harmful, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or otherwise objectionable way.

5. ACCOUNT CREATION

In order to use certain features of the Website, you may need to register for an account and provide certain information about yourself. If you create an account, you represent and warrant that all required information you submit SeeingHappy is truthful and accurate and you will maintain the accuracy of such information. If you create an account, you are responsible for maintaining the confidentiality of your account. You are fully responsible for all activities that occur under your account. You agree to immediately notify SeeingHappy of any actual or suspected unauthorized use of your account or any other breach of security. SeeingHappy will not be liable for any loss or damage arising from your failure to comply with the above.

6. WEBSITE CONTENT

The Website is provided to you as a convenience and for your information only. Your use of the Website is at your own risk. SeeingHappy does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) are accurate or complete; (ii) the Website Content is up-to-date or current; (iii) SeeingHappy has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Website is accurate or complete. Occasionally the Website Content may contain typographical errors, inaccuracies or omissions. SeeingHappy reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time without prior notice. SeeingHappy undertakes no obligation to update, amend or clarify Website Content except as required by law.

7. MODIFICATIONS TO THE WEBSITE

SeeingHappy reserves the right to modify, suspend, or discontinue, the Website (in whole or in part) with or without notice to you. You agree SeeingHappy will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.

8. DISCLAIMERS

THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND SEEINGHAPPY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SEEINGHAPPY MAKES NO WARRANTY THAT THE WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SEEINGHAPPY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEEINGHAPPY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR WEBSITE CONTENT, EVEN IF SEEINGHAPPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HERE, OUR LIABILITY TO YOUR FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE WEBSITE, OR WEBSITE CONTENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50) THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. INDEMNIFICATION

You agree indemnify and hold harmless SeeingHappy (and its employees, service providers, clients, officers, affiliates, subsidiaries, parents, and agents) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your use of the Website; (ii) your violation of these Terms; (iii) your violation of applicable laws or regulations; (iv) your User Content; or (v) your willful misconduct. SeeingHappy reserves the reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SeeingHappy. SeeingHappy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. INTELLECTUAL PROPERTY

SeeingHappy expressly reserves all of its intellectual property rights in and to the Website and Website Content. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Website and Website Content are owned by SeeingHappy. Neither these Terms, nor your access to the Website, transfers to you or any third party any rights, title or interest in or to such intellectual property rights. SeeingHappy reserves all rights not expressly granted in these Terms and there are no implied licenses granted under these Terms. You are prohibited from using the Website or Website Content without the prior written consent of SeeingHappy.

12. COPYRIGHT

If you believe that another user of the Website is unlawfully infringing copyrighted material(s), and wish to have the allegedly infringing material(s) removed, you must provide notice to our Copyright Agent at hello@seeinghappy.org. Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit us to locate the material on the Website; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.

A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

13. TERMINATION

SeeingHappy may suspend or terminate your right to access the Website and your account at any time, without notice, and for any reason in our sole direction. SeeingHappy will not have any liability whatsoever to you for any termination of your rights under these Terms, including termination of your account or deletion of your User Content.

14. GOVERNING LAW

These Terms and all matters arising out of or relating to the Website shall be governed by the laws of the United States and the Commonwealth of Pennsylvania, without giving effect to the conflict of law provisions thereof. All proceedings that may arise out of or in connection with these Terms, Website Content, or User Website Content shall be brought solely in the appropriate state or federal courts in the Commonwealth of Pennsylvania.

15. AGE RESTRICTIONS

You affirm that you are at least thirteen (13) years of age are fully able and competent to enter into these Terms and abide by and comply with these Terms.

16. PRIVACY

SeeingHappy collects and uses personal information about you when you access and use the Website in accordance with its Privacy Policy.

17. ELECTRONIC COMMUNICATIONS

By using the Website, you consent to receive electronic communications from SeeingHappy unless you follow applicable opt-out procedures. SeeingHappy will communicate with you by email 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 communication be in writing.

18. THIRD-PARTY LINKS

The Website may include links content provided by third parties (“Third Party Content”). Third Party Content is provided for your convenience and information only. Third Party Content is not under the control of SeeingHappy and SeeingHappy is not responsible for any Third Party Content. The inclusion of Third Party Content does not imply endorsement, affiliation, partnership, or sponsorship by SeeingHappy. Use of any Third Party Content is at your own risk.

19. LOCAL LAWS

SeeingHappy makes no representation that the Website is appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own risk and are responsible for compliance with applicable local laws.

20. EXPORT RESTRICTIONS

The Website may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Website, or any products utilizing such data, in violation of the United States export laws or regulations.

21. CHANGES TO THESE TERMS

SeeingHappy may revise these Terms or the Website, or stop providing the Website at any time and without notice to you. SeeingHappy encourages you to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.

22. CONTACT

If you have any questions about these Terms, please contact us at hello@seeinghappy.org.

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