Terms of Use

This website of Delivering Happiness, LLC (“Delivering Happiness”) is comprised of various web pages operated by Delivering Happiness.This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, in addition to the Delivering Happiness, LLC Privacy Policy available elsewhere on this website. Your use of this website constitutes your agreement to all such terms, conditions, and notices.Modification of Terms of UseDelivering Happiness reserves the right to change the terms, conditions, and notices under which this website is offered by updating this page.  It is your responsibility to check this page from time to time to determine if there have been changes and to review such changes.  These terms of use are effective from December, 2011.EligibilityThis website is intended solely for users who are at least thirteen (13) years of age, with a parent or guardian’s permission to use this website, or eighteen (18) years of age.Children Under the Age of 13Delivering Happiness does not knowingly collect or solicit personal information from anyone under the age of 13.  If you are under 13, please do not attempt to use this website or send any information about yourself to us, including your name, address, telephone number or email address.  No one under age 13 may provide personal information to or on this website.  In the event that Delivering Happiness have collected personal information from a child under age 13 without verification of parental consent, Delivering Happiness will delete that information as quickly as possible.Links to Third Party SitesThe website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Delivering Happiness and Delivering Happiness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Delivering Happiness is not responsible for webcasting or any other form of transmission received from any Linked Site. Delivering Happiness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Delivering Happiness of the site or any association with its operators.No Unlawful or Prohibited UseThis website is available for your personal, non-commercial use only.  As a condition of your use of this website, you warrant to Delivering Happiness that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.Use of Communication ServicesThis website may in the future contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Publish, post, upload, distribute or disseminate any private information of any third party.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Publish, post, upload, distribute or disseminate any content that in the sole discretion of Delivering Happiness is objectionable or which restricts or inhibits any other person from enjoying any Communication Service or this website, or which may expose Delivering Happiness or its users to harm or liability of any type.
  • Impersonate a person or  entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
You understand and agree that Delivering Happiness does not control, is not responsible for and assumes no liability for any content stored, transmitted or displayed by you or any third party on a Communication Service, or for any mistakes, defamation, slander, libel, omissions, false statements, obscenity, pornography or other content you may encounter through the use of a Communication Service.  Delivering Happiness has no obligation to monitor the Communication Services. However, Delivering Happiness reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Delivering Happiness reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.Delivering Happiness reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, to report any potential or actual violates of law to law enforcement authorities or to edit, refuse to post or to remove any information or materials, in whole or in part, in Delivering Happiness’ sole discretion.Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Delivering Happiness does not control or endorse the content, messages or information found in any Communication Service and, therefore, Delivering Happiness specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.Materials Provided to Delivering HappinessDelivering Happiness does not claim ownership of the materials you provide to Delivering Happiness (including feedback and suggestions) or upload or submit to this website or its associated services (collectively “Submissions”). However, by uploading or submitting your Submission you are granting Delivering Happiness, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.No compensation will be paid with respect to the use of your Submission, as provided herein. Delivering Happiness is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Delivering Happiness’ sole discretion.By posting or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to post or submit the Submissions, and that your Submission does not violate the rights of any third party.Delivering Happiness is not responsible for the loss, deletion, destruction or modification of any photos or other content you upload, input, provide or submit through this website.Liability DisclaimerTHE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DELIVERING HAPPINESS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THIS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.DELIVERING HAPPINESS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DELIVERING HAPPINESS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELIVERING HAPPINESS OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DELIVERING HAPPINESS OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.Termination of AccessDelivering Happiness reserves the right, in its sole discretion, to terminate your access to this website and the related services or any portion thereof at any time, without notice.LicenseYou are granted a limited non-transferable license to access this website for your personal and non-commercial use.  As between Delivering Happiness and you, you own your Submissions and Delivering Happiness owns all right, title and interest (including all intellectual property rights) in and to this website and the technology, information, documents, files, web pages and other products developed in connection with this website or available on this website.TrademarksThe logos, trademarks and service marks displayed on this website are the property of Delivering Happiness or their respective owners. You may not use any of the logos, trademarks or service marks displayed on this website without the prior written permission of the respective owner; provided, however, that you may use the Delivering Happiness Badge in accordance with the DH Badge Usage Guidelines found on this website.Copyright InfringementDelivering Happiness respects the intellectual property rights of others and Delivering Happiness expects you to do the same. Delivering Happiness prohibits you and other users of this website from unlawfully uploading or otherwise making available any materials that violate another party’s intellectual property rights, including copyrighted material. When Delivering Happiness receive proper Notification of Alleged Copyright Infringement as set forth below and Delivering Happiness have a reasonable belief, in our sole discretion, that you have violated this Copyright Policy, Delivering Happiness may take any action Delivering Happiness deem appropriate. Delivering Happiness will promptly remove or disable access to the allegedly infringing material in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S. C. § 512, and other applicable laws. Delivering Happiness also reserve the right, in our sole discretion, to notify, suspend or terminate the user who is deemed to infringe on other’s intellectual property rights, whether or not there is any repeat infringing. These actions are in addition to and not instead of any and all other remedies that Delivering Happiness many have against you under the law.NotificationIf you believe that any of your own copyrighted work has been copied in any way that constitutes infringement, you may provide a Notice of Alleged Copyright Infringement to our Designated Copyright Agent with the following information:
  1. a description in sufficient detail of the copyrighted work or intellectual property that you claim has been infringed so that Delivering Happiness can locate the material
  2. identification of a specific location on this website that contains the material you claim infringes on your copyright
  3. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material
  4. a statement by you that you have a good faith reasonable belief that the disputed use is not authorized by the copyright owner, its agent or the law
  5. a statement by you under penalty of perjury that the information contained in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
  6. your mailing address, telephone number and email address
You may submit your Notice of Alleged Copyright Infringement to our Designated Agent by mail or email as set forth below:Delivering Happiness, LLC Designated Copyright Agent 8022 S. Rainbow Blvd.Suite 394Las Vegas, NV 89139Email: copyrightagent@deliveringhappiness.comUpon receiving a proper Notice of Alleged Copyright Infringement as described above, Delivering Happiness will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. Delivering Happiness also will advice the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that Delivering Happiness restore this material. Note: You may be liable for damages, include court costs and attorneys fees, if you materially misrepresent that content on our website or service is copyright infringing. Filing a false claim constitutes perjury.Counter NotificationIf you believe that your own copyrighted work has been removed or disabled from our website or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to the DCMA.  The Counter Notification must include the following information:
  1. a description of the copyright work that has been removed or disabled and the location at which the material appeared before it was removed or access to it was disabled
  2. a statement by you under penalty of perjury that 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
  3. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside the United States, for any judicial district in which the service provider can be found
  4. a statement that you will accept service of process from the person who provided the Notice of Alleged Copyright Infringement or the party’s agent
  5. your physical or electronic signature
  6. name, address and telephone number
You may submit your Counter Notification to our Designated Agent by mail or email at the addresses set forth above. If you send a valid Counter Notification pursuant to § 512(g)(3) of the DMCA, Delivering Happiness will replace the removed material or cease disabling access to the material after ten (10) business days, but no later than fourteen (14) business days, following receipt of the Counter Notification unless our Designated Agent first receives notice from the party filing the original Notice of Alleged Copyright Infringement informing us that such party has filed a court action restraining you from engaging in infringing activity related to the material in the original Notice.Note: You may be liable for damages, include court costs and attorneys fees, if you materially misrepresent that content on our website or service is copyright infringing. Filing a false claim constitutes perjury.GeneralTo the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Las Vegas, Nevada, U.S.A. in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Delivering Happiness as a result of this agreement or use of this website. Delivering Happiness’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Delivering Happiness’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Delivering Happiness with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Delivering Happiness with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Delivering Happiness with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.Legal NoticesThis website is protected under U.S. and international copyright laws.Copyright © 2011 Delivering Happiness, LLC.  All rights reserved. 
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