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.
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.
5. PROHIBITED WORKS.
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:
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: firstname.lastname@example.org. 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.
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.
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.
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