WEBSITE AND MOBILE APPLICATION
Access and License.
Member Registration Policy, Member Types, Account Security and Account Termination.
Depending on your category of membership, you will have different access and use rights within your Family Community. We provide information about our current membership categories on the Site. You acknowledge that we may add, modify and/or eliminate categories of membership at any time. We will send email notification to Members of any changes to our current membership categories.
It is a condition of your use of the Site and Services as a Member that you (i) provide correct, current and complete information about yourself and your Family Community Members as prompted by the registration form for the Site or Services (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it correct, current and complete. You represent and warrant that you have all permissions and rights necessary to receive, use, transmit and disclose all Registration Data, including personal information of others that you may disclose as a Primary Parent Account Member.
If you create, or are provided with, a user name, password or any other information as part of our security procedures, you agree to treat such information as confidential, and that you will not disclose such information to any other person or entity. You further agree that your account is personal to you and that you will not provide any other person access to this Site or the Services, or any portions of the same, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Member Accounts for Children 13 and Under Require Parent Verification
Convicted Sex Offenders
-A link to a listing in a national sex offender registry
-A link to an online news article
-A link to a court document
-Documentation verifying the report attached to the sex offender report form
If you aren't able to include this with your report, we recommend that you ask a local law enforcement representative to contact us so we can take action on your report. Once we're able to verify someone's status as a sex offender, we immediately disable the Member's account and delete all the information associated with it from the Site and Service.
In order to use access certain resources offered on the Site or by the Services (collectively, the "For Fee Services"), you may be required to pay certain fees (collectively, the "Fees"). Your Member account, which may start with a free trial, will continue at your regular payment interval (i.e. month-to-month or yearly) unless and until you cancel your For Fee Services or we terminate your Member account. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to continue to use the For Fee Services. We will bill the Fees at your regular payment interval to your Payment Method. You must cancel your membership before it renews in order to avoid billing of the next payment intervalâ€™s Fees to your Payment Method.
Information on our current Fees is provided here. All Fees are payable in advance, irrevocable and non-refundable. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Fees are based on the For Fee Services purchased, not on actual usage. By starting your For Fee Services, you authorize us to charge to your Payment Method in advance the Fees at the then current rate, and any other charges you may incur in connection with your use of the For Fee Services. You acknowledge that the amount billed each payment interval may vary from payment interval to payment interval for reasons that may include differing amounts due to promotional offers and/or changing or adding For Fee Services, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in your payment interval one or more times.
From time to time, we may provide special discounted Fees if you choose to sign up for specific For Fee Services plans. We reserve the right to modify, terminate or otherwise amend our offered For Fee Services plans. If we do make changes to our For Fee Services plans, we will email notice to our Members in advance of implementing such changes.
Links to Third Party Sites and Services Offered Thru Third Party Sites.
1happylife welcomes and encourages your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via email, the Site, the Service or any other method. By submitting opinions, suggestions, feedback, and/or proposals through the Site or Service, or through any other communication with 1happylife, you acknowledge and agree that: (A) the suggestions or feedback you provide will not contain confidential or proprietary information; (B) 1happylife is not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (C) 1happylife shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide; (D) 1happylife may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (E) the suggestions and feedback you provide will automatically become the property of 1happylife without any obligation of 1happylife to you and you hereby assign all of your rights in the suggestions and feedback to 1happylife; (F) you are not entitled to any compensation or reimbursement of any kind from 1happylife under any circumstances, and (G) you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Site or Service or to 1happylife.
Intellectual Property Rights; Content; Copyright Infringement Notification Process.
9.2 Your Content. The Site and Services may allow or require you to post data, text, pictures, videos, recordings or other materials and information that will be accessible by visitors to the Site or users of the Services ("Public Content"), or that will only be accessible by you or those designated by you ("Private Content") (Public Content and Private Content, collectively referred to as "Your Content"). You represent and warrant that you have all permissions and rights necessary to receive, use, transmit and disclose all of Your Content. As between you and Company, you remain the sole owner of and solely responsible for Your Content. Company does not claim ownership of any of Your Content, but by submitting Your Content, you hereby grant Company a nonexclusive, worldwide, royalty-free, fully paid up, right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for Company. This license ends when you delete Your Content or your Member account unless Your Content has been shared with others, and they have not deleted it. When you delete Your Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that deleted Your Content may persist in backup copies for a reasonable period of time. Company does not endorse, guarantee, or assume any responsibility, obligation or liability relating to Your Content, including without limitation liability for third-party claims against users of the Site or Services for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Company reserves the right to remove any of Your Content at any time, with no obligation to notify you of the removal. Publication of any of Your Content is at the sole discretion of Company.
9.3 Ability to Share Your Content. Your Family Community's Primary Parent Account Member is responsible for setting what rights each Member of your Family Community have to share Private Content between other Members of your Family Community. When you log into your Member account, you will also be presented with additional information on how you may share Private Content.
9.4. Prohibited Conduct to Protect Your Safety and Other's Rights. We work to keep the Site and Services safe, but we cannot guarantee it. The Family Communities are intended to be private, but safety is a group effort. Therefore, while using the Site or Services, you agree that you will not upload, post, email, transmit or otherwise make available any Public Content or Private Content that: (i) is unlawful, harmful, misleading, malicious, bullying, intimidating, threatening, abusive, harassing, tortious, inciting violence, infringing, defamatory, vulgar, obscene, pornographic, contains nudity or graphic or gratuitous violence, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or (v) infringes any third partyâ€™s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
9.6 Transmission of Your Content. "Your Content" also includes Registration Data, business and financial information, electronic transmissions and all other data of any kind contained within emails or otherwise submitted by you or entered electronically in the course of your use of the Site or Services. You understand that the technical processing and transmission of Your Content (including the possible transmission of Your Content outside its country of origin) may be necessary to your use of the products and services offered on or through the Site or Services and consent to Company's interception and storage of Your Content. You understand that you or Company may be transmitting Your Content over the Internet, and over various networks, only part of which may be owned and/or operated by Company. You agree that Company is not responsible for any portions of Your Content that are lost, altered, intercepted or stored without authorization during the transmission of Your Content across networks not owned and/or operated by Company.
9.7 Copyright Infringement Notification Process. Company abides by the Federal Digital Millennium Copyright Act ("DMCA"). If you believe that any content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Company of any such copyright or other Intellectual Property Rights infringement. Similarly, if you believe that your Content has been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
P.O. Box 51193
Telephone: 480 331-4787
9.6.1 Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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 the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider 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.
5. 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.
6. 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.
9.6.2 Counter-Notification. If Your Content has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has 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.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Disclaimer of Warranties/Limitation of Liability
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY PARTIES DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR SERVERS THAT MAKE THE SITE AND SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SITE OR SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
YOU UNDERSTAND AND AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY 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 A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SITE OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE COMPANY PARTIES AGGREGATE LIABILITY TO YOU RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SITE OR SERVICES, WILL NOT EXCEED THE GREATER OF ONE HUNDRED ($1000) DOLLARS OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Arbitration Agreement and Waiver of Class Action.
No Waiver; Severability.
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.