last updated: July 1, 2007
 
   
     
  SECTION 1: TERMS OF USE - FOR CUSTOMERS OF HAPPYMOMENTS.NET
SECTION 2 TERMS OF USE - FOR GENERAL VISITORS OF HAPPYMOMENTS.NET

*** = IMPORTANT MUST READ ITEMS
 
 

SECTION 1: TERMS OF USE - FOR CUSTOMERS OF HAPPYMOMENTS.NET

IMPORTANT INFORMATION

You should carefully read the following terms and conditions. By hiring Happymoments, it implies that you have read and accepted these terms and conditions.

LICENSE
Our website grants you a nonexclusive limited license to use the website templates and other products sold through our website in accordance with these Terms and Conditions (the "license") issued by Happymoments.net ("our company").

A) LIMITED USAGE GRANTED
You may only use the purchased product(s) for the agreed occasion only. You have to purchase the same template once more in order to serve another occasion with the same design.

B) MODIFICATIONS
You are not authorized to make any modification to our products to fit your purposes without prior written consent from our company.

C) UNAUTHORIZED USE
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind for commercial or personal purpose without prior written consent from our company.

D) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from Happymoments.net

E) OWNERSHIP
You may not claim intellectual or exclusive ownership to any of our products' design, modified or unmodified.

(F) COPYRIGHT OF DESIGN ***
All designs are copyright of Happymoments.net. You may not use our designs (in whole or in part) for your own purpose without prior written consent from Happymoments.net. Our company reserves all rights to use your website or slideshow video (in whole or in part) as portfolio reference during our business operation (i.e.: direct enquiry, meeting presentation). Should you do not prefer your Happymoments website or slideshow video to be used for our company's portfolio reference, you must specify in writing and send to us by email or by fax. The arrangement will be in effect upon receipt of this request in writing and project's full balance settlement. Our company reserves all rights to use our designed works for face to face demonstration during B2C meeting unless otherwise stated specifically in writing. Our company reserves all rights to use our designed works as production references for confirmed customers IN ALL CASES if need arise. Our company have full rights to visit your website / monitor your website periodically for traffic behaviors, security, or for server backup purpose. If you prefer to have a NDA (Non-Disclosure Agreement) arranged, the price for full exclusive confidential license and NDA is HK$80000 per project.


(G) COPYRIGHT OF CONTENT ***
Happymoments.net will not be responsible or liable for the copyright of contents submitted by the client for website or slideshow video production. It is your responsibility to ensure all contents submitted:
(i) belongs to you,
(ii) you are not infringing a third party's copyright (eg: photographer, videographer, illustrator,
designer, music authorities etc...), and
(iii) you have full license to use it for your personal website / slideshow production.
By purchasing our product / service, you understand that Happymoments.net will not be responsible for any legal liability arising from copyrights of contents that had been originally submitted by the client for his or her website / slideshow production. Happymoments will not claim copyright ownership of any content material submitted. By hiring Happymoments.net to design your website / slideshow, the copyright of your contents (i.e: pictures, music, text, illustrations) will not transfer to Happymoments.net.

(H) PORTFOLIO ***
By hiring Happymoments, you understand that Happymoments.net have full rights IN ALL CASES to showcase our designed works (i.e. your Happymoments website / slideshow) as company / designer portfolio for the purpose of B2B communication, business / career opportunities. Your official website address will not be disclosed to a third party in any case and would only be demonstrated via password protected links, screenshots, or face to face demonstration.

(I) TESTIMONIALS
Our company may take wording from your correspondence with us to use as testimonials or other promotional purpose.

(J) SERVER SECURITY
Our company will not be responsible for any tangible / intangible loss arising from server security.

(K) TERMINATION; ACCESS RESTRICTION
Happymoments.net may terminate or suspend your access to your website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use our service will immediately cease. Upon such termination or suspension, any information you have stored on our server may not be retrieved later.


SECTION 2: TERMS OF USE - FOR GENERAL VISITORS OF HAPPYMOMENTS.NET

Each website visitor agrees, while visiting the Site, not to:

(a) post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site, the Services or the Internet;

(b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

(c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;

(d) post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;

(e) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Site or the Services products, modified or unmodified, on a website or any other medium, without obtaining permission of the copyright owner or right holder;

(f) impersonate of falsely represent the association of a User with any person, including a Happymoments.net representative or forum moderator; and

(g) download, use, copy, reproduce, modify, sell, resell, plagerize or otherwise exploit the Site or any of its contents or products (including but not limited to all artworks, images, designs, files, and text) for any commercial / personal purposes without prior written consent from Happymoments.net.

Our company reserves the right to change or modify these terms with no prior notice.