Welcome to Live Happy Paper Crafts! The Live Happy website, currently located at http://www.livehappypapercrafts.com (including any sub-domains, subpages, directories, or mobile versions of the website), and all Live Happy mobile applications and online services (collectively the “Site”) are made available to you by PiaceCarta Paper Crafts, Inc. (“Live Happy”, “us”, “we”, or “our”).
1. Acceptance of Terms
2. Age Eligibility for Use and Access of the Site
The Site is not directed towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access of use the Site. In addition, you may not purchase products from our Site unless you are at least 18 years of age.
3. Account Registration
When you visit the Site you have the option of registering with Live Happy. By registering with Live Happy, you may receive certain benefits, such as an expedited check-out process and access to your online order history. Registration is not required to access or use the Site, but you understand and acknowledge that certain features of the Site or benefits offered by Live Happy may only be available to registered users. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
4. Purchasing Products from the Site
All purchase of products and services from the Site are subject to the Live Happy Policies. The Policies is where you will find information on our policies and procedures relevant to your online purchase, including but not limited to shipping, taxes, returns and exchanges, gift cards, and other similar or related policies.
5. Ownership and Content
The content, including all text, graphics, logos, images, audtio clips, video, data and other materials available through the Site (collectively “Content”) is the sole property of PiaceCarta Paper Crafts, Inc. and its licensors, and is protected by copyrights, trademark, and other intellectual property laws. Accordingly, PiaceCarta and its licensors expressly reserve any and all rights and licenses not explicitly granted to your under these Terms. Subject to your compliance with these TYerms, you shall have a non-exclusive, non-transferable, limited right to access and make personal use of the Site and the content for non-commercial purposes only. Except as noted above, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner any Content from the Site, with the express written consent of PiaceCarta Paper Crafts, Inc.
6. Trademarks and Logos
The Site contains valuable trademarks owned and used by us to distinguish Live Happy, its brand, and the services from those of others. The Site may also contain references to other entities’ trademarks and service marks, but such references are for identification purposes only. We do not claim owndership in, or any affiliation with, any third-party trademarks or service marks appearing on the Site. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.
7. Acceptable Use of Our Site
By accessing the Site, you agree that you will not (and will not permit or encourage others to) (1) use the Site or Content in violation of any applicable law, regulations, or ordinance; (2) conduct fraudulent activities on the site; (3) reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or the content for any commercial purpose without the express written consent of Live Happy; (4) transmit, copy, or download any Content (in whole or in part) for the benefit of any other merchant; (5) use or attempt to use any software, tool, agent, robot, spider or other similar data mining, scraping, and extraction tools to navigate, search, or crawl the Site; (6) tamper with the Site or use or attempt to use any devise, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site; or (7) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
8. Links to Our Site
You are allowed to establish a hypertext link (“link”) to the Site so long as the link does not state or imply any sponsorship of your Site by us. Without our prior express written permission, you may not frame, or in-line link, any of the Content of components of the Site, or incorporate into another Site or other service any of our intellectual property. Please contact us if you would like to request permission to frame any Content appearing on the site or in-line link to the site.
You are solely responsible for any information that you submit to us. By using the Site you agree not to submit or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Site or that infringes on the rights (including any intellectual property rights) of others. We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure to third parties of any submissions you make to us, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of the Site. By submitting or posting content on the Site, you grant Live Happy and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content on the site and on third-party sites.
10. Changes to the Site and Termination
We have the right, in our sole discretion, to terminate, change, or suspend (temporarily or permanently) any aspect of our Site, at any time, without notice or liability to you. Additionally, we reserve the right to restrict, suspend or terminate your use of and/or access to the Site, at any time, and for any reason, without notice or liability to you.
11. Errors, Inaccuracies, Availability
We attempt to display the product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using. Prices and availability of products displayed on the Site are subject to change without notice and may vary from the prices and availability of products within our store. Live Happy seeks to describe and display its products accurately on the Site. However, you understand and acknowledge that despite these efforts, our Site may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without notice or liability to you.
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules.
WE PROVIDE THE USE OF THE SITE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SITE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT YOU UPLOAD TO THE SITE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE SUCH EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIVE HAPPY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIVE HAPPY’S MAXIMUM AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED TO TWENTY U.S. DOLLARS ($20.00). THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF A FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER REMEDY. THE PARTIES AGREE THAT THE ABOVE PROVISIONS FAIRLY ALLOCATE THE RISK BETWEEN THE PARTIES, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A CONSEQUENCE THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify and hold harmless Live Happy, its subsidiaries, affiliates, subcontractors, suppliers, and partners, and all of their respective officers, directors, employees, agents, or licensors, against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including all associated costs, expenses and reasonable attorneys’ fees) due to or arising out of your actual or alleged breach of the Terms or unauthorized access to or use of the Site.