Welcome
Any updates, new services or any modifications of an existing service will be governed by the TOC, which may be modified or updated from time to time in our sole discretion. The continued use of the Site or Services following the posting of changes to the TOC constitutes your acceptance to such changes. We strongly encourage you to regularly review this TOC. If you do not agree to abide by these or any future TOS, do not use, access, or continue to use or access the Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.happinesssamurai .com/privacy. All such terms are hereby incorporated by reference into this TOC.
The Site and Services are operated by Happiness Quotient Global Private Limited (“HQGPL” or “we”).
I. Description of Service
We provide a happiness technology applications that makes it easy to understand happniness (collectively, such services, including any new features and applications, and the Site, the “Service”). The Service allows users (“you”) to capture happy moments through text, photographs, location and more in your lives. Our goal for these is to improve your experience in HQGPL.
Through an elegant user interface and advanced technology, the Service delivers an engaging, premium user experience on just about any device (iPhone, Android and more).
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
II. Registration
Account Creation - You may need to register to access and use the Service. As a few examples, you will need to register to capture and share happy moments, connect with friends and see their happy moments, and view your collections. You may create an account by providing certain personal information as prompted by the registration form. Your email address must remain valid as long as your account remains active. You agree to provide and maintain true, complete and current account information. Registration data and certain other information about you are governed by our Privacy Policy.
You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You will notify HQGPL immediately of any unauthorized use of your account or any other breach of security that is known or suspected by you. You will be liable for all actions taken with your password as well as for any loss or liability as a result of such use. HQGPL will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by HQGPL, or any transactions entered into through the Service or failure to abide by this TOC.
General Practices Regarding Use and Storage: We will use our best efforts to maintain the information and content submitted to HQGPL. You acknowledge that HQGPL may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on HQGPL’s servers on your behalf. You agree that HQGPL has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
III. Use and Conduct
You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Service, except as provided under these TOC, and you agree to take all reasonable steps to prevent the unauthorized use of the Service.
Third Party Sites and Interactions with Third Parties The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (“Third-Party Sites”). HQGPL has no control over Third-Party Sites or other Internet resources. These resources, content and services are provided to you “as is” to facilitate your web browsing. HQGPL does not endorse any Third-Party Sites. HQGPL is providing these links to you only as a matter of convenience, and in no event will HQGPL be responsible for any content, products, or other materials on or available from such Third-Party Sites.
To take advantage of these features, we may ask you to register for or log into the services on the websites of their respective providers. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and HQGPL will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
Commercial Use Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used by you for direct commercial endeavors.
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Conduct of Users We created HQGPL with the goal of helping you feel happier and be more positive. We ask that you respect our community, other users, and the spirit of positive content.
Termination of Account
You may terminate your account at any time. In the case of violation of the TOS, we reserve the right to limit your access to the Service or terminate your account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that HQGPL may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You understand and accept that we will not be held liable for the cancellation of your account.
IV. Proprietary Rights
Access to the Site Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Service may trigger your liability and result in criminal or civil legal action. You agree not to access the Service by any means other than those made available to you by HQGPL.
You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of HQGPL, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by HQGPL. The use of the content of other users of the Service may only be done in compliance with the authorization or license granted by the respective rights holders.
Intellectual Property The Service is protected by intellectual property laws and international conventions. The Service structure and the Service Content may be protected by copyright or other intellectual property rights.
No material from the Service may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way, except as expressly permitted through the Service. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of HQGPL or, in the case of material licensed to HQGPL, the owner of such materials.
You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Service. Use of prints, images or screen captures from the Service is limited to your personal non-commercial use; any other use or communication is prohibited without receiving HQGPL’s prior written consent.
Trademarks
The HQGPL trademark and logo and all other HQGPL trademarks are owned by HQGPL (the “HQGPL Trademarks”). You agree not to use the HQGPL Trademarks without our written consent. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to HQGPL.
Nothing in this TOC or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of HQGPL Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of HQGPL Trademarks will inure to our exclusive benefit.
V. Privacy Policy
HQGPL respects your privacy and that of others. We encourage you to read our Privacy Policy at www.happinesssamurai.com/privacy.
VI. Limitation of Liability
You understand that you are accessing and using the Service at your own risk. HQGPL may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Service, nor for your accessing or downloading of any content, material, program, or file through the Service. HQGPL may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Service.
Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).
VII. Miscellaneous
Modifications HQGPL reserves the right to change this TOC or HQGPL’s policies relating to the Service at any time and will notify you by posting an updated version of this TOC on the Service. You are responsible for regularly reviewing this TOC. Continued use of the Service after any such changes will constitute your consent to such changes.
Availability There will be occasions when the Service will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that HQGPL will not be liable to you or any third party for any modification, suspension or discontinuance of the Service. HQGPL is not responsible for any disruption inherent in the operation of the Internet, including viruses or otherwise.
General
This TOC will be governed by Indian law, without regard to the choice or conflicts of law provisions of any jurisdiction. You will bring all disputes, actions, claims, or causes of action related to this TOC or in connection with the Service only in the state courts located in Mumbai, Maharashtra, India.