BUILDHAPPYTERMS OF USE

Welcome to BuildHappy. This is a binding agreement between BuildHappy and you governing your use of the website at www.BuildHappy.net (the “Site”) including, without limitation, all content such as text, information, images, software and other information, services and materials (collectively, the “Materials”) and all information made available to you or by you through or in connection with this Site. Please note that these Terms may be updated from time to time, and changes are effective upon posting. You should check back and review the terms from time to time to ensure you are aware of any changes. These Terms were last updated on 11/24/2009.



1. OWNERSHIP OF MATERIALS. All Materials on this Site other than your Works (defined below) are provided by BuildHappy or its licensors unless indicated otherwise. All intellectual property rights (including but not limited to copyrights, trademarks) in the Materials are the property of BuildHappy or its licensors unless indicated otherwise. BuildHappy and its licensors retain all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, except as stated below or as otherwise agreed by the BuildHappy in writing. BuildHappy, the BuildHappy logo, brands and proprietary graphics are trademarks and the property of BuildHappy. All other names, copyrighted materials and trademarks are the property of their respective rights holders.


2. ELIGIBILITY FOR USE AND ACCESS TO THIS SITE. To use any Materials on this Site, you must be legally able to use the Site in the state in which you reside and be able to be legally bound to these Terms.


3. GRANT OF LICENSE TO YOU. BuildHappy waives any objection it might have for to you to make non-exclusive, non-transferable use of the user communications contained in the Site and to copy and send them to others, provided that you do not receive any payment or exchange of goods or services in return for providing that copy, and that you always give credit to the user whose communications you copy and send to others. You are solely responsible for any claims that arise from your use of any user’s communications and specifically indemnify and hold BuildHappy.net harmless from any claims, causes of actions or judgments that arise from your use of third party’s user communications. Any unauthorized use of any Works or information at this Site may violate patent, copyright, trademark, and other laws.


4. USER SUBMISSIONS. By submitting or posting materials and communications to the Site (“Works”) you and other BuildHappy users expressly agree that Works are non-confidential and non-proprietary, and may be treated as such by BuildHappy; and that you have all rights necessary to post Works to the site for third party viewing and use, as set forth in these Terms. You understand that other people can download and print your Work. BuildHappy will have no obligations with respect to the Works, and except as set forth in these Terms of Use. You grant BuildHappy a world-wide, non-exclusive license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Works, in whole or in part in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, to the extent permitted by applicable law, and you are not entitled to any compensation in connection with such uses by BuildHappy. You hereby waive any and all claims against BuildHappy for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with BuildHappy’s use and publication of such Works.


5. PROHIBITED WORKS.

a. You are prohibited from posting or transmitting to or from this Site any Works that are or contain unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in the United States or in the country in which you are located, including but not limited to copyright law.

b. You are prohibited from revealing the name or other personally identifying information of any other user of BuildHappy or any other person unless that individual has previously revealed his or her own name or personally identifying information in Works sent by or on behalf of that user to the Site.

c. You may not post photos of any third party who has not consented to have his or her photo taken and posted onto the Site or published in general. For your own security you should obtain written permission from all persons whose photos you upload to the Site. You must obtain the consent of a parent or guardian to upload photos of children under 18. If BuildHappy discovers or is informed that there is any private/personal information or images of a third party n the Site, it reserves the right in its sole discretion to remove the offending content.

d. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered trespass and computer fraud and abuse, punishable under state and federal laws. BuildHappy reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.



6. SPECIAL PROHIBITIONS IN CONNECTION WITH INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE. You may not transfer software, technology, and other technical data via the BuildHappy Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and you may not transfer, upload, or post via the BuildHappy Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.


7. 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 BuildHappy’s copyright agent the written information specified below:

a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BuildHappy to locate the material;

c. Information reasonably sufficient to permit BuildHappy to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

d. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

e. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

f. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.



Please note that this procedure is exclusively for notifying BuildHappy that your copyrighted material has been infringed. BuildHappy’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: info@buildhappy.net. In addition, if information about or images of you or a minor child for which you are the parent or guardian appears on the site without your consent, please submit a statement to the above address identifying the offending content, your identity and relationship to the content (whether it is your information or that of a minor child, etc.) as well as you name, address and email so that BuildHappy may investigate the matter and contact you if necessary.


8. TERMINATION OF USE. BuildHappy may terminate your right to use the Site at any time if you are in breach of these Terms of Use. Upon termination, you will immediately destroy any Materials in your possession, if any, and cease use of the Site. BuildHappy reserves the right to discontinue or make changes to the Site and/or Materials at any time.


9. SECURITY. This Site is intended by BuildHappy to require a valid, working e-mail address and password to access and use the Materials on the Site. Certain other Materials or functionalities on the Site may require additional access codes. you are solely responsible for: (1) maintaining the strict confidentiality of the e-mail address, account names, passwords and/or codes (collectively, “ID(s)”) assigned to you; (2) not allowing another person to use your IDs to access the Site; and (3) promptly informing BuildHappy by e-mail addressed to info@BuildHappy.net of (i) any suspected or unauthorized use of your IDs, (ii) the intentional or inadvertent disclosure of your IDs, or (iii) any other need to deactivate an ID due to potential or actual security concerns. BuildHappy, its parent company, subsidiaries, affiliated companies, officers, investors, directors, employees and agents, as applicable, (hereafter collectively, “BuildHappy”) are not liable for any harm related to the theft of your ID, your intentional or inadvertent disclosure of your ID, or your authorization to allow another person or entity to access and use the Site using your ID. You agree to indemnify the BuildHappy for any damages or losses that may be incurred or suffered by any party, including but not limited to the BuildHappy and the other users of the Site, as a result of you or your failure to maintain the strict confidentiality of your IDs.


10. GENERAL DISCLAIMERS. THE SITE, ANY SERVICES PROVIDED THROUGH THE SITE, AND ANY PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANT OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. SUBJECT TO THE TERMS OF THE PRIVACY POLICY, In no event shall BuildHappy be liable to you or any other entity for any and all damages including but not limited to direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information and loss of business opportunities) arising out of or relating to (1) the use of or inability to use the materials, or (2) reliance on the content and Materials in the site; or (3) errors, inaccuracies, omissions, defects, security breaches, or (4) information communicated through any application on this site, or (5) the satisfaction of any government regulation requiring disclosure of information contained within the site or (6) any other failure to perform by BuildHappy or BuildHappy’s content providers. The foregoing shall apply regardless of whether BuildHappy has been advised of the possibility of such damages. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Site. Because some jurisdictions may not permit each of these disclaimers and limitations, some or all of these limitations may not apply to you.


11. LIMITATION OF LIABILITY. IF NOTWITHSTANDING THESE TERMS OF USE, BUILDHAPPY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND BUILDHAPPY AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $100.00. YOU AND BUILDHAPPY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND BUILDHAPPY. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, BUILDHAPPY WOULD NOT PROVIDE ACCESS TO THE SITE TO YOU.


12. INDEMNITY. You agree to defend, indemnify and hold BuildHappy harmless against any losses, expenses, costs or damages (including BuildHappy’s reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms of Use, (2) your unauthorized or unlawful use of the Site and/or the Materials, and/or (3) the unauthorized or unlawful use of the Site by any other person using your ID.


13. APPLICABLE LAWS. This Site is controlled by BuildHappy from its offices within California, United States.BuildHappy makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so upon their own initiative and are responsible for compliance with applicable local laws. If necessary and in accordance with applicable law, BuildHappy will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, members, BuildHappy in order to: prevent unauthorized use of this Site; and/or comply with any requirements of law or judicial process that are applicable to BuildHappy.


14. DISPUTE RESOLUTION. Any dispute between BuildHappy and you arising out of these Terms of Use shall be resolved first by direct communication with one or more of BuildHappy’s dispute resolution team members reachable at info@BuildHappy.net. California law governs your use of the BuildHappy Site and any transactions with BuildHappy, without regard for its conflicts of laws provisions. You agree to venue for the resolution of any dispute with BuildHappy in the Courts Los Angeles, CA. You agree that, where BuildHappy is required to provide you with notice under these Terms of Use, acceptable and sufficient forms of notice include, but are not necessarily limited to, the following: e-mail to the most recent e-mail address that you have provided to BuildHappy, regardless of the current status of that e-mail address; or written communication delivered by first class U.S. mail to the most recent physical address that you have provided to BuildHappy, regardless of the current status of that physical address. BuildHappy shall have sole discretion to select which of the above methods of notice that it shall use, and shall not be required to use more than one of these methods to provide notice. You accept sole responsibility for providing us with notice of changes to your physical address and/or your e-mail address.


15. STANDARD TERMS. Your right to access and use the Site and/or Materials immediately terminates without further notice upon your breach of these Terms of Use. Except for the grant of rights to you set forth above, all other sections of these Terms of Use survive the expiration or termination of these Terms of Use. BuildHappy may assign these Terms of Use, in whole or in part, to any third party in its sole discretion. You may not assign your rights under these Terms of Use. Any attempt by you to assign your rights under these Terms of Use without BuildHappy’s permission shall be void and non-binding on BuildHappy. Any failure to enforce or delay in enforcing any term or provision of these Terms of Use by BuildHappy, shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. The headings of articles and sections contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use. These Terms of Use, including the Privacy Policy are incorporated herein by reference, contains the entire agreement between you and BuildHappy relating to the subject matter hereof, and supersedes any other oral or written Works relating thereto. These Terms of Use may not be amended or supplemented by you or by any third party. BUILDHAPPY RESERVES THE RIGHT, AT ANY TIME, TO AMEND THESE TERMS OF SERVICE OR THE TERMS OF THE PRIVACY POLICY EFFECTIVE UPON POSTING. CONTINUED USE OF THE SITE BY YOU CONSTITUTES ACCEPTANCE OF ANY AMENDED TERMS. PLEASE REVIEW THESE TERMS OF USE ON A REGULAR BASIS.


16. OTHER INFORMATION REGARDING USE OF THE SITE may be found in the About section. If you cannot find the answer to your question, please contact us at info@BuildHappy.net