Please read carefully. By using this website, you accept all terms and conditions of this agreement. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website.
The information and features included in this Website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Ownership of Content
This Website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyright material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to AsHappyAs or other authorised third parties and are protected from unauthorised use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by AsHappyAs, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in these Terms or on the Website should be construed as granting, by implication, estoppal or otherwise, any license or right to use any Material in any manner without the prior written consent of AsHappyAs or such third party that may own the Material or intellectual property displayed on the Website. UNAUTHORISED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate AsHappyAs's rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Website by other members, including without limitation by attempting to access administrative areas of the Website. You agree to report any violation of these Terms by others that you become aware of. You are advised that AsHappyAs will aggressively enforce its rights to the fullest extent of the law. AsHappyAs may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Website ("Social Forums") are provided to give users a forum to express their opinions and share their ideas and information (“Community Content”). AsHappyAs does not endorse the Community Content posted in Social Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through Social Forums.
AsHappyAs does not and cannot review every message posted by users in the Social Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the Social Forums. Information disclosed in Social Forums is by design revealed to the public. AsHappyAs reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Website for any reason in AsHappyAs's sole discretion. You understand that any content that you post and/or upload on the Website will be considered a submission for purposes of these services. In addition, AsHappyAs may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of AsHappyAs or to protect the safety of our users or the public. In no event does AsHappyAs assume any obligation to monitor the Social Forums or remove any specific material.
Restrictions on Use
You agree not to do any of the following while using the Website, including any Social Forums:
- harass, stalk or otherwise abuse another user;
- transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libellous, disparaging (including disparaging of AsHappyAs), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by AsHappyAs in its sole discretion);
- transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party ;
- transmit, post, send, upload, distribute, submit or otherwise make available any viruses or other harmful, disruptive or destructive files or material that interferes with any third party's uninterrupted use and enjoyment of the Website;
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to AsHappyAs, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
- transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
- collect or harvest the information of any user or otherwise access the Website using automated means (including but not limited to harvesting bots, robots, spiders or scrapers); or
- violate any applicable local, state, federal or international law, rule or regulation.
AsHappyAs does not endorse the Community Content in the Social Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Community Content provided through Social Forums. By posting or uploading Community Content to any Social Forums or submitting any other Community Content to AsHappyAs, you automatically grant (or warrant that the owner of such rights has expressly granted) AsHappyAs a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Community Content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world.
You understand that the uploading to and/or posting of any Community Content in any Social Forum shall not be subject to any obligation of confidence on the part of AsHappyAs, and AsHappyAs shall not be liable for any use or disclosure of any Community Content. Without limitation of the foregoing, AsHappyAs shall exclusively own all now known or hereafter existing rights to the Community Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Community Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the Community Content.
You agree to indemnify AsHappyAs for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any Community Content to any Social Forums or submitting any Community Content to AsHappyAs, or your failure to comply with the above guidelines.
Disclaimers/Limitations on Liability
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT ASHAPPYAS AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE SOCIAL FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS.
AsHappyAs makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Website and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by AsHappyAs. Views and opinions of users of this Website do not necessarily state or reflect those of AsHappyAs. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Website.
The Internet may be subject to breaches of security. AsHappyAs is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing AsHappyAs any information. AsHappyAs makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Website. This Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ASHAPPYAS AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICER AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR ASHAPPYAS'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN ASHAPPYAS'S DEFENSE OF ANY CLAIM. ASHAPPYAS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF ASHAPPYAS.
AsHappyAs respects the intellectual property of others and we ask our users to do the same. If you believe that any Community Content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide AsHappyAs's Legal Affairs team the following information in writing:
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- The exact URL or a description reasonably sufficient to permit AsHappyAs to locate where the alleged infringing material is located on the Website;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorised to act on the copyright owner's behalf.
If you link to this Website, we require that you follow these guidelines. You may link to any publicly visible page on this Website, and the link must be in plain text, unless otherwise approved in writing by an authorised representative of AsHappyAs. The link to this Website must not damage, dilute or tarnish the goodwill associated with any AsHappyAs names and/or intellectual property, nor may the link create the false appearance that your website and/or organisation is recognised, sponsored, endorsed by, affiliated and/or associated with AsHappyAs. You may not "frame" this Website or alter its intellectual property or Material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism that are libellous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by AsHappyAs in its sole discretion. AsHappyAs reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that AsHappyAs deems to be inappropriate or inconsistent with or antithetical to this Website and/or these Terms.
AsHappyAs is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform AsHappyAs of any errors or inappropriate material found on Websites to which this Website is or may be linked.
Membership & Registration
If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Website using your name in whole or in part. AsHappyAs may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
AsHappyAs operates this Website from various international locations. Information contained on this Website may not be appropriate or available for use in other locations, and access to this Website from territories where the content of the Website may be illegal is prohibited. If you access this Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.
Violations and Additional Policies
AsHappyAs will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorised officer of AsHappyAs. AsHappyAs reserves the right to modify or discontinue this Website, or any portion thereof (including the Social Forums) without notice to you or any third party. Upon termination of your membership or access to the Website, or upon demand by AsHappyAs, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that AsHappyAs will aggressively enforce its rights to the fullest extent of the law. AsHappyAs, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the Website; (ii) acting in violation of these Terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass AsHappyAs its representatives or any other individual in any manner related to the Website. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.