Hapnin.com Terms of Service
The effective date of this Agreement is May 11, 2009.
By using the Hapnin.com Service (as defined below) which is owned and operated by Hapnin.com Inc. ("Hapnin.com") and by accessing the Hapnin.com website located at http://Hapnin.com, and all linked pages owned and operated by Hapnin.com (the "Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service").
Subject to your full compliance with the Terms of Service, Hapnin.com may offer to provide certain services and content, as described more fully on the Site, (the "Service"). Service shall include, but not be limited to, any service and content Hapnin.com performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, user-posted content, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, ("Content") on the Site). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Site, Content and the Service. Please read these Terms of Service carefully. Your access to or use of the Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Site, Content or the Service.1. Changes to the Agreement or the Hapnin.com Service.
You agree and understand that these Terms of Service, the Site and the Service may be modified by Hapnin.com at any time without prior notice, and such modifications will be effective upon Hapnin.com's posting of the new terms or upon implementation of the new changes on the Site or Service, as applicable. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Site or the Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Hapnin.com, any new features, new services, enhancements or modifications to the Site or Service implemented after your initial access to the Site shall be subject to these Terms of Service. Hapnin.com may change, suspend or discontinue the Site, Content and Service for any reason, at any time, including the availability of any feature or content. Hapnin.com may also impose limits on certain features and services or restrict your access to parts or all of the Site, Content and Service without notice or liability. If you do not agree with our modifications to the Terms of Service, the Site, Content or the Service, you agree that your only recourse is to stop using the Site, Content and the Service.
2. Eligibility.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a neighbor of Hapnin.com or use the Site, Content and Service. If you do not qualify, do not use the Site, Content or the Service. Use of the Site, Content and Service is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site, Content or Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Site, Content and the Service are administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Site, Content and the Service.
3. Hapnin.com Intellectual Property Rights
Hapnin.com, the Hapnin.com logo, the Hapnin.com design and other names, marks, logos, branding and other designs are trademarks or trade dress of Hapnin.com ("Hapnin.com Marks"), and may not be used without express written permission from Hapnin.com. You will not contest the validity or ownership of the Hapnin.com Marks or take any action in derogation of Hapnin.com's rights therein, including, without limitation, applying to register any trademark, trade name or other designation that is confusingly similar to the Hapnin.com Marks. All other trademarks not owned by Hapnin.com that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hapnin.com.
The Site, the Service and Hapnin.com-originated Content included on the Site or Service, and the compilation of all Content on the Site and the Service, is the property of Hapnin.com and its licensors and protected by United States and international copyright laws. Except as set out in these Terms of Service, no use, distribution, display, performance or reproduction of any portion of the Site, the Service, or any Hapnin.com-originated Content is permitted without written permission from Hapnin.com.
4. Feedback
From time to time, you may provide Hapnin.com with Content in the form of feedback, comments, and suggestions for improvements relating to the Site, Hapnin.com-originated Content or the Service ("Feedback"). You hereby grant Hapnin.com an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to copy, modify, perform, display, distribute, disclose, create and distribute derivative works of, and otherwise use and dispose of such Feedback, and to make, have made, use, sell, offer to sell, import and otherwise exploit any implementation of Feedback, including without limitation the right to sublicense these rights through multiple tiers.
5. Feeds
Hapnin.com provides access to portions of the Site, Content and Service via RSS feeds; for the purposes of these Terms of Service, such access constitutes use of the Site, Content and Service. Hapnin.com asks that you use these features respectfully, as outlined in any documentation. You may not use these or any other features or the Site, Content or Service itself to allow the display of a substantial portion of the Hapnin.com database, or reproduce, duplicate or copy the Site, Content or Service. Hapnin.com reserves the right to change these features at any time and to disable access to the feeds at any time for any reason.
6. Copyright Complaints
Hapnin.com respects the intellectual property of others. It is Hapnin.com's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Hapnin.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Hapnin.com may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Hapnin.com will terminate access for subscribers and account holders who are repeat infringers.
Notifying Hapnin.com of Copyright Infringement: To provide Hapnin.com notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Department" at contact@Hapnin.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.Providing Hapnin.com with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Hapnin.com with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at contact@Hapnin.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
7. Venue Only
If you enter into correspondence or engage in commercial transactions with users or other third parties in connection with your use of the Service, such activity is solely between you and the applicable third party. Hapnin.com shall have no liability, obligation or responsibility for any such activity. You hereby release, and agree to hold harmless, Hapnin.com from all claims arising from such activity.
8. Privacy
Use of the Site, Content and Service is also governed by our Privacy Policy, a copy of which is currently located at http://Hapnin.com/privacy.
9. Disclaimer
THE HAPNIN.COM SITE, SERVICE AND ALL ASSOCIATED CONTENT IS PROVIDED BY HAPNIN.COM ON AN "AS IS" BASIS. HAPNIN.COM AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SITE, CONTENT, OR SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR IN THE CONTENT OR IN ASSOCIATION WITH THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HAPNIN.COM AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HAPNIN.COM AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE HAPNIN.COM SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HAPNIN.COM IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE HAPNIN.COM SITE. HAPNIN.COM does not warrant or covenant that the Site, Service or Content will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Site, Service or Content is free of viruses or other potentially harmful components. Any material, code or Content downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material or Content. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM HAPNIN.COM, THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10. Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAPNIN.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAPNIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, CONTENT OR THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE OR THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE, CONTENT OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU