INTRODUCTION

Last updated: 13 July 2015

These terms and conditions (referred to hereafter as “Terms”) govern your access to and use of the Hapity services, including any Hapity mobile applications and websites (collectively referred to as “Services” or “Hapity”), and any videos, live videos, information, text, graphics, photographs or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditional upon your acceptance of these Terms and by accessing and/or using the Services you agree to be bound by these Terms.

BASIC TERMS

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences arising from your use or posting. Content you submit, post or display will be viewable by other users of the Services and via third-party services and websites.


You may use the Services only if you can form a binding contract with Hapity and are not legally forbidden from receiving services. If you are accepting these Terms and using the Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations, whether national or international.


The Services are always evolving and the form and nature of the Services may alter from time to time without prior notification to you. Provision to you or to users generally of the Services (or any features of the Services) may be stopped (permanently or temporarily) and it may not be possible to provide you with prior notification. We retain the right to create limits on use or storage at our sole discretion at any time without giving you prior notification.


The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of such advertising are subject to change. By using the Services you agree to such advertising, by Hapity and any subsidiaries, third party providers and partners, in connection with the display of Content or information from the Services whether submitted by you or others.

PRIVACY

Our collection and use of your information (including information you provide by connecting the Services to a social networking service account (SNS Account) is governed by our Privacy Policy.


By using the Services you consent to the collection and use of this information, including the transfer of this information to the United Kingdom and/or other countries for storage, processing and use by Hapity. Provision of the Services to you may require you to be provided with certain communications, such as service announcements and administrative messages. You may not be able to opt out of receiving these communications, which are considered part of the Services and your account.


ACCESS CREDENTIALS

You are responsible for safeguarding the password and/or any other access credentials you use to access the Services. You are also responsible for all activities or actions of your account. We encourage you to use “strong” passwords (for example, by using combinations of upper- and lower-case characters, numbers and symbols) with your account and with any other accounts (such as an SNS Account or e-mail) that you may use in connection with the Service. Hapity cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

CONTENT ON HAPITY

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to, monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.


We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services, nor do we endorse any opinions expressed via the Services. By using the Services you understand and accept that you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, and that in some cases postings might be misleadingly labelled or otherwise deceptive. Under no circumstances will Hapity be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.


We may offer you the opportunity to invite your friends or contacts to view your streams or otherwise enjoy the Services. If you choose to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You may be able to edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you do choose to send such invitations, you represent to Hapity that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.


YOUR RIGHTS

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).


You agree that this license includes the right for Hapity to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organisations or individuals who partner with Hapity for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such uses by Hapity, or other companies, organisations or individuals who partner with Hapity, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.


We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make such changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.


We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make such changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.


You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You also represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content by Hapity on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

YOUR LICENSE TO USE HAPITY

Subject to your compliance with these Terms, Hapity grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive license access and view the Content posted by other users via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.


HAPITY RIGHTS

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Hapity and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and other countries. Hapity reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Hapity or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.


RESTRICTIONS ON CONTENT AND USE OF THE SERVICES

Please review the Hapity Community Guidelines for a better understanding of what is prohibited on the Services.


We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Hapity, its users and the public.


You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Hapity’s computer systems, or the technical delivery systems of Hapity’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Hapity (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Hapity (NB: scraping the Services without the prior consent of Hapity is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) use, display, mirror or frame the Services or any individual element within the Services, Hapity’s name, any Hapity trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Hapity’s express written consent; (vii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Hapity or any of Hapity’s providers or any other third party (including another user) to protect the Services or Content; (viii) attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Hapity or other generally available third-party web browsers; (ix) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (x) use any meta tags or other hidden text or metadata utilizing a Hapity trademark, logo URL or product name without Hapity’s express written consent; (xi) use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (xii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; (xiii) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (xiv) collect or store any personally identifiable information from the Services from other users of the Services without their express permission; (xv) violate any applicable law or regulation; or (xvi) encourage or enable any other individual to do any of the foregoing.


COPYRIGHT POLICY

Hapity respects the intellectual property rights of others and expects users of the Services to do the same.


Hapity will respond to notices of alleged copyright infringement that comply with applicable laws and are properly provided to us.


We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Hapity will also terminate a user’s account if the user is determined to be a repeat infringer.

ENDING THESE TERMS

The Terms will continue to apply until terminated by either you or Hapity as follows.


You may end your legal agreement with Hapity at any time for any reason by deactivating your accounts and discontinuing your use of the Services.


We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time and without notice for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: “CONTENT ON HAPITY”, “YOUR RIGHTS”, “HAPITY RIGHTS”, “RESTRICTIONS ON CONTENT AND USE OF THE SERVICES”, “ENDING THESE TERMS”, "INDEMNITY", “DISCLAIMERS AND LIMITATIONS OF LIABILITY”, and “GENERAL TERMS”.


Nothing in this section shall affect the rights of Hapity to change, limit or stop the provision of the Services without prior notice, as provided above in “BASIC TERMS”.

INDEMNITY

You will indemnify and hold harmless Hapity and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Content, or (iii) your violation of these Terms.


DISCLAIMERS AND LIMITATIONS OF LIABILITY

Please read this section carefully since it limits the liability of Hapity and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Hapity Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.


SUBSECTION A: The Services Are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Hapity Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.


Hapity Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Hapity Entities or through the Services, will create any warranty not expressly made herein.


SUBSECTION B: Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hapity Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.


SUBSECTION C: Limitation of Liability

To the maximum extent permitted by applicable law, the Hapity Entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content.


In no event shall the aggregate liability of the Hapity Entities exceed the greater of one hundred euro (€ 100.00) or the amount you paid Hapity, if any, in the past year for the services giving rise to the claim.


The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Hapity Entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

GENERAL TERMS

SUBSECTION: Waiver and Severability


The failure of Hapity to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.


SUBSECTION: Controlling Law and Jurisdiction

These Terms are governed by UK law


SUBSECTION: Entire Agreement


These Terms, the Community Guidelines and our Privacy Policy are the entire and exclusive agreement between Hapity and you regarding the Services (excluding any services for which you have a separate agreement with Hapity that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between Hapity and you regarding the Services and Content.


We may revise these Terms from time to time, and the most current version will always be at www.hapity.com/main/terms_conditions. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth under “ENDING THESE TERMS”. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.


These Services are operated and provided by Hapity. If you have any questions about these Terms, please contact us.