TERMS OF USE

Spread the love

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. By accessing or using this website, mobile application or other HAPPY BONDI product or service, (collectively the “PLATFORM”), on any computer, mobile phone, tablet, console or other device, (collectively “Device”), you signify that you have read, understand and agree to be bound by these TERMS OF USE and any other applicable law. HAPPY BONDI may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

PHYSICAL ACTIVITY NOTICE

The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. HAPPY BONDI is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features or information provided in the Platform.

INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for User Generated Content, Reviews, Articles, Advertisements and other materials referencing the intellectual property of others), is owned by HAPPY BONDI or its licensors, which includes materials protected by copyright, trademark or patent laws. All trademarks, service marks and tradenames, (e.g. HAPPY BONDI the name and design, the beach and wave design and the HB name and design) are owned by HAPPY BONDI. All content on the Platform (except for User Generated Content, Reviews, Articles, Advertisements and other materials referencing the intellectual property of others), including but not limited to text, images, films, photos, video, designs, sounds, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of HAPPY BONDI; All Rights Reserved.

PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate or view the Platform or to place comments or to place an order for HAPPY BONDI products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content Reviews, Articles, Advertisements and other materials referencing the intellectual property of others, without HAPPY BONDI’s prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

PRODUCT ORDERS

All orders place through the Platform are subject to HAPPY BONDI’s acceptance. This means that HAPPY BONDI may refuse to accept or may cancel any order, whether or not that order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, HAPPY BONDI will issue you a refund.

USER GENERATED CONTENT

“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds and any other content that you and/or other Platform users post or otherwise make available on or through the Platform except to the extent that Content is owned by HAPPY BONDI.

POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT

BE RESPONSIBLE

You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do no take any action or post anything that may expose HAPPY BONDI or its users to any harm or liability.

BE RELEVANT AND CONSTRUCTIVE

Stay on topic and post only constructive comments and questions. Be polite to others as you would wish them to be polite to you.

BE COURTEOUS AND APPROPRIATE

Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in HAPPY BONDI’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property proprietary or contractual rights, offensive in a sexual, racial, cultural or ethnic context or will harm or threaten the safety of others, or is otherwise objectionable. Do not post videos or photos of another person without that person’s consent. Do not “stalk”, intimidate, abuse, harm or harass another Platform user or person. Do not post personal information. Do not collect or solicit personal information form other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform, the private information of anyone else without their consent or for illegal purposes.

BE PERSONAL

The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”. Do not use automated scripts to collect information from, or otherwise interact with the Platform.

BE YOURSELF

Do not impersonate any person or entity. Do not misrepresent yourself, your age or your affiliation with any person or entity.

BE ORIGINAL

You promise that you own or control all rights in any User Generated Content that you post on the Platform. You are responsible for ensuring that any User Generated Content that you post does no, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant HAPPY BONDI all of the license rights granted in these Terms of Use.

BE LEGAL

Do not post any User Generated Content, take any action or use the Platform in any way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software, or hardware or telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform or security technology or software.

GENERAL RULES FOR USER GENERATED CONTENT

CONTENT IS NOT PRESCREENED

HAPPY BONDI does not prescreen User Generated Content. HAPPY BONDI does not guarantee the platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. HAPPY BONDI is merely acting as a passive channel to such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event that HPPAY BONDI chooses to monitor any User Generate Content, HAPPY BONDI assumes no responsibility for, or any obligation to monitor or remove such User Generated Content. HAPPY BONDI reserves the right to edit, remove or refuse to post any User Generated Content or terminate your account for any reason.

ELIGIBILITY TO POST

This Platform in intended solely for users who are thirteen (13) years of age or older and it is a violation of the Terms of Use for anyone under 13 to register or post on this Platform.
You represent and warrant that you are 13 or older.

HAPPY BONDI’S RIGHT TO YOUR POSTINGS

Your User Generated Content is not confidential or proprietary. You grant and warrant that you have the right to grant HAPPY BONDI a non-exclusive, non-revocable, world-wide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without payment due to you.

LINKS

The Platform may contain links to websites, applications, or other products or services operated by other companies (“Third Party Platforms”). HAPPY BONDI does not endorse, monitor, or have control over these Third Party Platforms, which have separate terms of use and privacy policies. HAPPY BONDI is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

MOBILE SERVICES

The Platform contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using HAPPY BONDI’s mobile services, you agree we may communicate with you by electronic means to your mobile Device and that certain information about you use of these services may be shared with us. If you change or deactivate your mobile number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HAPPY BONDI, its affiliates, officers, directors, partners, employees, agents, owners, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of the Terms of Use, any law or the rights of any third party.

PRIVACY

Our Privacy Policy which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. HAPPY BONDI is not responsible or liable for any loss or damage resulting from any interaction with any other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. HAPPY BONDI is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

HAPPY BONDI is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, HAPPY BONDI disclaims all warranties, express or implied, including but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. HAPPY BONDI does not represent or warrant that the Platform will be uninterrupted or error free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, HAPPY BONDI does not make warranties or representations regarding the use of the materials on Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. HAPPY BONDI reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above may not apply to you.

LIMITATION OF LIABILITY

HAPPY BONDI, ITS OWNERS, AGENTS, DIRECTORS, OFFICERS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING FOR ANY LOST PROFITS, OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT ANY HAPPY BONDI EVENT OR ANY USER GENERATED CONTENT, EVEN IF HAPPY BONDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST HAPPY BONDI ITS OWNERS, AGENTS, DIRECTORS, OFFICERS, OR PARTNERS, FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF HAPPY BONDI, ITS OWNERS, AGENTS, DIRECTORS, OFFICERS, AND PARTNERS IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, HAPPY BONDI, ITS OWNERS, AGENTS, DIRECTORS, OFFICERS, AND PARTNERS’ LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS

You agree that this Platform shall be deemed a passive website solely based in California, USA, which does not give rise to personal jurisdiction over HAPPY BONDI, its owners, directors, officers, and partners, in jurisdictions other than California. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and HAPPY BONDI, its owners, directors, officers, and partners, shall be governed in all respects by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sales of goods. These Terms of Use are further governed by California law regarding sales (without regard to California choice of law provisions). Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of HAPPY BONDI products), shall be resolved individually, without resort to any form of class action, private attorney general action or any form of collective action whatsoever, and exclusively in the state or federal courts located in San Diego County, California. You consent to waive all defenses of lack of personal jurisdiction an forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Diego County, California. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of HAPPY BONDI products), must be commenced within six (6) months after the claim or cause of action arises. By using the Platform, you agree to receive electronic communications from HAPPY BONDI. You agree that any notice, agreement, disclosure or other communication that HAPPY BONDI sends you electronically will satisfy any legal communications requirements, including such communications be in writing. HAPPY BONDI’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. HAPPY BONDI may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of the Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

HAPPY BONDI reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. HAPPY BONDI reserves the right to block users from certain IP addresses or Device numbers and to prevent access to the Platform. You understand and agree that some of the User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform or on other platforms (e.g. Facebook, Twitter, Google, Pinterest, etc), may continue to appear on the Platform or on other platforms even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.