Terms of Service
March 6, 2012
Welcome to Daily Interactive Networks, LLC’s (“DIN”) web application called “Happly” (“Happly”). We hope you (“User” or “you”) enjoy this application. Please read the following Terms of Service. By clicking on the “I accept” button, downloading this application, or using this application you are agreeing to be bound by the terms and conditions of the Terms of Service outlined below. If you do not agree to all the terms and conditions of the Terms of Service you cannot download and use this application. If there are any revisions to this Terms of Service you will be notified and will be asked to consent to the new Terms of Service in order to continue your use of this application.
1. License Grant – Subject to your compliance with the terms and conditions of this User Agreement, and subject to Apple’s Usage Rules as set forth in the App Store Terms of Service, DIN grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, non-commercial, license to download and install a copy of this application onto any iPad that you own or control for your personal use. This means that this application is not sold to you, and that DIN retains ownership of all copies of this application even after installation on your mobile device. Except as expressly specified in this Terms of Service, under this license you may not: (a) copy (in any amount) or modify this application in any way, including, but not limited to, adding new features or otherwise making adaptations that alter the functionality of this application; (b) transfer, sell, rent, lease, distribute or otherwise assign any rights to, or any portion of, this application to any third party; or (c) make the functionality of this application available to multiple users through any means, including, but not limited to, distribution of this application or by uploading this application to a network or file-sharing service or through any hosting, application services provider or any other type of service; (d) dissemble, decompile, or reverse engineer this application, in whole or in part, or permit or authorize a third party to do so. Furthermore, with respect to any iTunes store sourced application, you will only use the iTunes store sourced application as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. DIN reserves all rights in this application not expressly granted to you in this Terms of Service.
3. Age Eligibility – This application is intended to provide parents or guardians the ability to curate a positive, educational, and fun online experience for their child or children. User hereby represents and warrants that he or she is 13 years old or older or has express consent from his or her parent or guardian to download and use this application. If you are a child under 13 years of age you must have parent or guardian consent prior to using this application. If you are under 13, and you do not have your parents’ or guardians’ express permission to use this application, stop using Happly immediately.
5. Social Networking Sites – User agrees if he or she access a “Social Networking Site” (SNS) such as Facebook or Twitter via this application that Happly/DIN is authorized to access and store User’s SNS account information so that it is available to you when you use this application.
6. Updates and Upgrades – DIN is not obligated to maintain or support this application in any way. This includes, but is not limited to, providing all or any specific content through this application, or to provide you with updates, upgrades, or services related thereto. User acknowledges that DIN may, from time to time in its sole discretion, issue updates or upgrades to this application, disable access to this application for any period of time or permanently, and may automatically update or upgrade the version of the application you are using on your mobile device. User expressly consents to such automatic updating or upgrading on your mobile device, and User agrees that the terms and conditions of this Terms of Service will apply all such updates or upgrades. DIN shall have no liability to you arising out of, or related to, any unavailability of this application.
7. Term & Termination of User License – The term of this license is for 75 years unless earlier terminated by you or DIN in accordance with this provision. DIN reserves the right to terminate this license without notice for any reason whatsoever. Upon termination of this license, User must cease all use of this application and promptly delete and destroy all copies, full or partial, of this application. User may terminate the license at any time by destroying all copies of this application in your possession or control. Additionally, User expressly agrees that the terms and conditions of this Terms of Service, where applicable, continue to bind the User despite DIN’s or User’s termination of the license grant contained in this Terms of Service and/or User’s termination of application use.
8. User Accounts & Responsibility – To use this application you may be required to register for a “Happly Account.” User agrees to provide accurate, truthful, current, complete, and non-misleading information in connection with creating his or her Happly Account. DIN retains the right to reject any user name selected by you and/or revoke your right to use any previously selected user name and give such user name to any other person or entity in DIN’s sole discretion and without liability to you. You agree you are responsible for maintaining the confidentiality of your Happly Account credentials and you are fully responsible for all activities that occur under your Happly Account. User agrees to immediately notify Happly/DIN of any unauthorized use of your Happly Account or any other security breach. DIN reserves the right to suspend or terminate your access and/or account without notice and for any reason whatsoever.
9. User Content Submissions & Warranty – Happly may accept User content submissions, including, but not limited to, text, data, graphics, images, photos, video, or audiovisual works (User Content), for potential posting or use in this application, on related websites, or for Happly/DIN sponsored contests or giveaways. As a condition of User Content acceptance, User represents and warrants that all submissions provided are not: illegal, obscene, threatening, defamatory, false or misleading, racist or harassing of any group, encouraging of foregoing actions, do not contain any hardware or software viruses, are not “spam” or other solicitations of any kind, and do not infringe any intellectual property or privacy/publicity rights of any third parties. Additionally, by submitting User Content to Happly/DIN, User grants DIN a non-exclusive, royalty-free, worldwide, sub-licensable, transferable, assignable, irrevocable, unrestricted, commercial license, for the life of the relevant intellectual property right, to: reproduce, prepare derivative works of, distribute, display, publically perform, translate, alter, edit, mutilate, (thereby waiving moral rights where possible), make, use, and sell the submitted material for any purpose Happly/DIN desires in any medium now known or later discovered. User agrees DIN retains exclusive and final control over how the User Content submissions are used. User further agrees to hold DIN and its affiliated companies harmless for any and all damages or undesired consequences which may result from User Content submission, including use by unaffiliated third parties. By submitting content to DIN, User and DIN are in no way establishing a joint venture, partnership, or any other business relationship. Lastly, DIN reserves the right to remove any User content submissions or comments at its sole discretion at any time and without notice to User.
10. User Technology Tampering – User represents and warrants he or she will not do any of the following: Access, tamper with, or use non-public areas of this application, DIN’s computer systems, or the technical delivery systems of this application’s providers or licensors; Attempt to probe, scan, or test the vulnerability of any Happly/DIN system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measures implemented by Happly/DIN, any of Happly/DIN content providers or licensors, or any other third-parties (including another user) to protect this application/DIN, this application’s content, or other third parties; Attempt to access or search this application or its content or download Happly/DIN content through the use of any engine, software, tool, device or the like, other than the software and/or search agents provided by Happly/DIN or other generally available third party web browsers; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use this application or its content to send altered, deceptive, or false source-identifying information; Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide this application or its content; Interfere with, or attempt to interfere with, the access of any user, host, or network connected to this application, including, but without limitation, sending a virus, overloading, flooding, spamming, or mailbombing this application; Collect and store any personally identifiable information from Happly/DIN or other Users without their express permission
11. Indemnification – User agrees to indemnify and defend DIN, its officers, directors, employees, or anyone else related to Happly/DIN against any and all claims, losses, liabilities, damages, costs, or expenses from all lawsuits or causes of action arising out of or related to breach of any User representations and warranties, or any other terms, contained in this Terms of Service. User shall employ legal counsel to defend such suit or action at User’s expense. DIN shall have the right to approve such counsel, but DIN shall not unreasonably withhold its approval.
12. WARRANTY & DISCLAIMER – THIS APPLICATION IS PROVIDED “AS IS” AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES AFFILIATED WITH THIS APPLICATION WHATSOEVER. ADDITIONALLY, DIN SPECIFICALLY DISCLAIMS, TO THE EXTENT ALLOW BY LAW, ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THIS APPLICATION IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTY SO THESE DISCLAIMERS MAY NOT APPLY TO YOU.
IN NO CIRCUMSTANCES WHATSOEVER SHALL APPLE, OR ITS SUBSIDIARIES, BE LIABLE UNDER THIS WARRANTY CLAUSE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES. ADDITIONALLY, USER AGREES, AND DIN ACKNOWLEDGES, THAT APPLE IS NOT RESPONSIBLE FOR ADDRESSING ANY CLAIMS OF USER OR ANY THIRD-PARTY RELATED TO THE HAPPLY APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE HAPPLY APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LAWS.
13. HOLD HARMLESS & LIMITATION OF LIABILITY – USER AGREES TO HOLD DIN AND ITS LICENSORS HARMLESS FOR ANY AND ALL HARM THAT MAY COME TO USER OR USER’S PROPERTY THROUGH THE USE OF THIS APPLICATION. SPECIFICALLY, USER AGREES, TO THE EXTENT ALLOWED BY LAW, THAT DIN AND ITS LICENSORS SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES THAT MAY ARISE OUT OF USE OF THIS APPLICATION. USER ALSO AGREES THAT ANY DIRECT DAMAGES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITS ON LIABILITY SO THESE LIMITS MAY NOT APPLY TO YOU.
14. Relationship with Apple; Apple Liability; Apple as Third-Party Beneficiary – This Agreement is between Happly and User, and Happly is solely responsible for the content contained within the Happly application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Happly application. Moreover, in the event any third-party claim that Happly, or the end-user’s possession and use of Happly, infringes that third-party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property claim. Additionally, User agrees, and DIN acknowledges and agrees, that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that, upon the User’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third-party beneficiary thereof.
15. Interactions Between Users – You are solely responsible for your interactions (including any disputes) with other Users. You understand that Happly/DIN does not screen Happly Users in any way whatsoever and makes no representations or warranties about Happly Users. Due to this, User represents and warrants to DIN that User will exercise caution, discretion, common sense, and good judgment in all interactions with other Happly Users. If User decides to interact with other Happly Users offline, User does so at own risk. DIN disclaims all liability for any harm that befalls User and User expressly agrees to hold DIN and any related individuals or companies harmless for any and all damages to User regardless of User’s good judgment, caution, discretion and the like.
16. User Assistance – As a condition of using this application, User agrees Happly/DIN may contact User in accordance with applicable laws to evaluate compliance with the rules and policies contained herein. Additionally, User agrees to fully cooperate with DIN or relevant enforcement authorities to investigate any suspected unlawful, fraudulent, or improper activities involving other Users and their actions related to Happly/DIN.
17. Copyright Protection – Happly and the content contained herein are protected under United States and International Copyright laws. As such, except as expressly authorized in writing by Happly/DIN or Happly’s licensors, any reproduction, creation of derivative works, distribution, display, public performance, translation, or alteration of this application or the content contained herein is strictly prohibited and may subject the User to liability. Additionally, User agrees he or she will not delete or in any manner alter the copyright notices or markings appearing on this application.
18. Trademark Protection – “Happly,” “Happ.ly,” “Smart Parents. Curious Kids.,” and our logo (Marks) are trademarks of DIN. No third party shall use these Marks, or any other trademarks, slogans, or logos which are likely to cause confusion with DIN’s Marks, to mislead consumers about the origin of the third party’s goods or services, or to signal Happly’s or DIN’s affiliation with, or sponsorship of, third party’s products, services, websites, or companies. Additionally, DIN strictly forbids the use of “frames,” framing techniques, meta tags, or any other “hidden text” utilizing Marks. Additionally, User agrees he or she will not delete or in any manner alter the trademark notices or markings appearing on this application. Any DIN use of third party trademarks are intended as “fair use” and DIN has no intention whatsoever to trade off the goodwill developed by unaffiliated third parties.
19. Links to Third Party Websites – This application contains links to unaffiliated third party websites. Happly/DIN do not necessarily endorse, sponsor, or approve of content, products, or services found on third party websites. Moreover, DIN expressly disclaims any and all liability for actions of, content found on, or damages to you from third party websites. Additionally, User agrees to expressly hold Happly/DIN harmless for any and all damages resulting from User access to third-party websites reached through this application.
20. Feedback & Assignment– Happly/DIN welcomes and encourages feedback, comments, and suggestions for improvements to Happly (Feedback). You may submit Feedback by emailing us at firstname.lastname@example.org. By submitting Feedback, User agrees all Feedback becomes the exclusive property of DIN. Additionally, User irrevocably assigns to DIN his or her complete rights, titles, and interests in Feedback, including any and all intellectual property rights contained therein. Moreover, at DIN’s request and expense, User agrees to execute documents and take such further action as may be reasonably requested to assist DIN in acquiring, perfecting, or maintaining subject intellectual property rights.
21. Sweepstakes & Contests – DIN may operate sweepstakes, contests, and similar promotions (collectively Promotions) through Happly. You should carefully review the rules (Official Rules) of each Promotion in which you participate, as the Official Rules may contain additional important information about DIN’s rights to and ownership of your Promotions submissions. In the event the Official Rules conflict with this Terms of Service, the Official Rules will control.
24. Transfer of Information – User agrees, consents to, and understands that if he or she is located outside the United States any information User provides through this application or through any related websites will be transferred to the United States.
25. U.S. Government End Users – This application and related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If this application and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in this application and related documentation will be only those specified in this Terms of Service.
26. Export Control; Prohibited Uses of Happly– User may not use, export, re-export, import, or transfer this application except as authorized by United States law, the laws of the jurisdiction in which you obtained this application, any other applicable laws, or this Terms of Service. In particular, but without limitation, this application may not be used in or by, exported to, or re-exported to: (a) any United States embargoed countries; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or by the U.S. Department of Commerce’s Denied Person’s List or Entity List; (c) anyone located in a country that has been designated by the U.S. Government as a “terrorist supporting” country or listed on any U.S. Government list of prohibited or restricted parties. By using this application, you represent and warrant that you are not located in any such country or on such list.
User also represents and warrants he or she will not use this application for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. LASTLY, User expressly agrees to indemnify DIN and its assigns, to the full extent of the law, for breach of any terms of this paragraph.
28. Entire Agreement & Severability – This is the entire agreement between DIN and User and supersedes any prior written or oral agreements. If any provision of the Terms of Service becomes invalid, illegal, void, or unenforceable under any applicable law, each such provision shall be deemed amended to conform to applicable law; or, if it cannot be amended without materially altering the terms of this Terms of Service, such provision shall be deleted. Additionally, the failure of DIN to enforce any right or provision of this Terms of Service does not constitute a waiver of that right or a waiver of future enforcement.
29. Developer Name and Address – If you have questions, complaints, or claims with respect to Happly, please direct such communications to DIN as follows:
4701 SW Admiral Way
Seattle, WA 98116