This agreement is in effect as of Jun 17, 2012.
This agreement was updated on January 26, 2021.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, product ratings and reviews, various social media services, etc. You understand that we may not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any www.TheHappyChannel.com employees or representatives.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.
i. You agree to indemnify and hold harmless The Happy Channel, LLC, and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. You also agree that the content on TheHappyChannel.com is designed to support, not replace, medical or psychiatric treatment, nor does it constitute medical, legal, or other professional advice. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Advertisers and/or Commercial Content Contributed to The Happy Channel®
The Happy Channel reserves the right to share information and content that has been submitted, reviewed, and approved to be published on The Happy Channel.
Special Provisions Applicable to Contributors, Advertisers, and Featured Users
With prior permission from The Happy Channel®, you can choose what information you would like to share, such as Name, Business Name, Bio, Location, and Website, depending on the article type.
You may also send to The Happy Channel photos, links, and files you feel would be relevant to share. For Contributors only, you may add a watermark to photos as long as it is visible but not blocking or covering the entire image.
It is understood that unless The Happy Channel has given written notice, no Contributors or Advertisers, featured or otherwise, will receive compensation for displaying their work, business, music, or any other related advertising. In addition, you will not issue any press release or make public statements about your relationship with The Happy Channel without our prior written permission. The Happy Channel may reject or remove contributed content or advertising for any reason.
If you are placing ads on someone else’s behalf, you must have permission to place those ads, including the following:
You warrant that you have the legal authority to bind the advertiser to this Statement.
You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
Special Attribution of Contributed Content
Terms and Conditions for Purchase of Goods & Services
Please carefully read the following Terms and Conditions. Your purchase and use of our products bearing The Happy Channel® logo implies that you have read and accepted these Terms and Conditions.
At this present time, The Happy Channel® Fan Gear is available through www.Ruby8Weaver.com. If you subscribe to our Newsletter or follow us regularly on our Social Media channels, you will be notified when we have sales, or more products have been added.
All products are listed in US Dollars.
Sales Tax is calculated based on your billing address.
Each item ships at a different rate depending on your location.
Due to COVID-19, production and delivery time may be delayed. Once your order has shipped, you will receive an email containing a tracking number and link to track your package.
Shipping is within the U.S. only.
Please check back with us periodically for any updates regarding our shipping policies.
We reserve the right to refuse orders for any reason without explanation.
www.TheHappyChannel.com does not process any orders directly on the site. Any purchases you make via the “Services” will direct you to another website with its own Terms & Conditions, along with Secure Processing Providers.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available.” This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure, or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral, or written, obtained by you from The Happy Channel, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. The Happy Channel, LLC will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using our Resources or as a result of any changes, data loss, or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on www.TheHappyChannel.com, including but not limited to text, graphics, website name, code, images, and logos, with the exception of 3rd party & contributed content, are the intellectual property of The Happy Channel, LLC, and are protected by applicable copyright and trademark law. For more information on the copyright of 3rd party & contributed content, please click here. The Happy Channel® and The Happy Channel logo are registered marks of The Happy Channel, LLC. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site, is strictly prohibited unless specifically authorized by The Happy Channel, LLC.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by The Happy Channel, LLC, registered in the state of Colorado, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Colorado, by accessing our website, you agree that the statutes and laws of Colorado, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Colorado, USA. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, The Happy Channel, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
The Happy Channel, LLC
205 Ken Pratt Blvd
Suite 120, #30
Longmont, CO 80501