Agreement was last updated on January 10,2009
of the The Happy Fruit Online Service. By using the this website you (the
“User”) agree to these terms and conditions. If you do not agree to the terms
and conditions of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify, alter, or update
the terms and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being
posted at this website. Your continued use of the Service after amendments
are posted constitutes an acknowledgement and acceptance of the Agreement and
its modifications. Except as provided in this paragraph, this Agreement may not
Description of Service
The Happy Fruit is providing User
with websites. User must provide (1) all equipment necessary for their own
Internet connection, including computer and modem and (2) provide for User’s
access to the Internet, and (3) pay any fees relate with such connection.
Disclaimer of Warranties.
The site is provided by The Happy
Fruit on an “as is” and on an “as available” basis. To the fullest extent
permitted by applicable law, The Happy Fruit makes no representations or
warranties of any kind, express or implied, regarding the use or the results of
this web site in terms of its correctness, accuracy, reliability, or otherwise.
The Happy Fruit shall have no liability for any interruptions in the use of
this Website. The Happy Fruit disclaims all warranties with regard to the
information provided, including the implied warranties of merchantability and
fitness for a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
Limitation of Liability
The Happy Fruit SHALL NOT
be liable for any damages whatsoever,
and in particular The Happy Fruit shall not be liable for any special,
indirect, consequential, or incidental damages, or damages for lost profits,
loss of revenue, or loss of use, arising out of or related to this web site or
the information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if The
Happy Fruit has been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
User agrees to indemnify and hold The Happy Fruit, its
parents, subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys’ fees and costs, made by any
third party due to or arising out of User’s use of the Service, the violation
of this Agreement, or infringement by User, or other user of the Service using
User’s computer, of any intellectual property or any other right of any person
Modifications and Interruption to Service
The Happy Fruit reserves the right to modify or discontinue
the Service with or without notice to the User. The Happy Fruit shall not be
liable to User or any third party should The Happy Fruit exercise its right to
modify or discontinue the Service. User acknowledges and accepts that The Happy
Fruit does not guarantee continuous, uninterrupted or secure access to our
website and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third parties. You
acknowledge that we are not responsible for the availability of, or the content
located on or through, any third-party site. You should contact the site
administrator or webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites. Your use of those
site, and we are not responsible therein. We encourage all Users to review said
privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been
provided by the Vendors or collected from publicly available sources. While
The Happy Fruit makes every effort to ensure that the information on this
website is accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website.
The Happy Fruit makes no warranties or representations
whatsoever with regard to any product provided or offered by any Vendor, and
you acknowledge that any reliance on representations and warranties provided by
any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts of Nevada
Our website is operated and provided in the State of Nevada.
As such, we are subject to the laws of the Nevada, and such laws will govern
no representation that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the Nevada.
Compliance with Laws.
User assumes all knowledge of applicable law and is
responsible for compliance with any such laws. User may not use the Service in
any way that violates applicable state, federal, or international laws,
regulations or other government requirements. User further agrees not to
transmit any material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable
local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including
site design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2005 The Happy Fruit.com, will all rights reserved, or is the
property of The Happy Fruit and/or third parties protected by intellectual
property rights. Any use of materials on the website, including reproduction
for purposes other than those noted above, modification, distribution, or
replication, any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an authorized
officer of The Happy Fruit is strictly prohibited. Users agree that they will
not use any robot, spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained therein without prior
written permission of an authorized officer of The Happy Fruit.
The Happy Fruit™ are proprietary marks of The Happy Fruit.
The Happy Fruit’s trademarks may not be used in connection with any product or
service that is not provided by The Happy Fruit, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or
discredits The Happy Fruit.
All other trademarks displayed on The Happy Fruit’s website
are the trademarks of their respective owners, and constitute neither an
endorsement nor a recommendation of those Vendors. In addition, such use of
trademarks or links to the web sites of Vendors is not intended to imply,
directly or indirectly, that those Vendors endorse or have any affiliation with
The Happy Fruit.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, The Happy Fruit
designates the following individual as its agent for receipt of notifications
of claimed copyright infringement.
The Happy Fruit
1107 12th St. #100
Boulder Co 80302
(303) 642-0277 Business Hours: 10 am to 8 pm EST
By Email: Email can get lost in the spam filter. Please
contact us by mail, fax or phone.
The Happy Fruit retains the right, at our sole discretion, to
terminate any accounts involved with botnets and related activities. If any
hostnames are used as command and control points for botnets, The Happy Fruit
reserves the right to direct the involved hostnames to a honeypot, loopback
address, logging facility, or any other destination at our discretion.
unlawful, void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this
assigned by The Happy Fruit, in our sole discretion, to a third party in the
addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a User. User agrees that by
disclosure of their personally identifiable information and other practices