Use of the Happy Tales website and products (collectively “Happy Tales”) is governed by the Terms of Use contained herein as well as the terms and conditions of the Privacy Policy posted on the Website (“Terms”). These Terms are legally binding on all users of Happy Tales and constitute a legally binding agreement between you (“User”) and Happy Tales. By accessing Happy Tales, User expressly and irrevocably agrees to the Terms and to abide by the Terms. These Terms may be amended from time to time at our discretion. If the User does not agree with any of these Terms, User may not use Happy Tales under any circumstances.
All content, text, images, data, information and other material displayed, available or present in the Happy Tales website (“Content”), including any intellectual property rights in such Content (including trademarks and copyrights) or other intellectual property rights associated with Happy Tales (hereinafter “Intellectual Property Rights”), are the property of Happy Tales, its licensors, or designated owners and are protected by applicable intellectual property laws. User should assume that everything on this Website is protected by intellectual property rights, unless otherwise noted, and may not be used without Happy Tales or the designated owners prior written permission except as provided in these Terms of Use.
User may download copies of Content that they created for personal use, so long as User complies with these Terms of Use and all applicable laws. If User violates these Terms of Use and/or any applicable laws, your permission to use the Website terminates. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of this Website without our prior written permission. User will not infringe upon any Intellectual Property Rights or remove or modify related intellectual property and/or proprietary notices in Happy Tales.
We require Users to setup a user account and password to access Happy Tales or portions of Happy Tales. Happy Tales will require login credentials for Users that enter into a paid subscription. Paid users are responsible for providing accurate, current and complete User information. If Happy Tales believes that the details are not accurate, current, or complete, Happy Tales will have the right to refuse paid users access to Happy Tales, or any of its resources, and to suspend and/or terminate User´s account. User is responsible for maintaining the confidentiality of any login credentials, and User is fully responsible for all activities that occur under User´s login credentials. User agrees to notify Happy Tales immediately of any unauthorized use of User’s login credentials. We reserve the absolute right, in our sole discretion, to restrict access to any person or entity.
We may, at our discretion, modify, edit, translate, suspend, restrict access to, or terminate Happy Tales, the Content, or any link at any time without liability or prior notice. We may, at our discretion, terminate the browsing of, registration with, and use of Happy Tales by any User at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.
User will comply with all applicable laws in connection with use of Happy Tales.
User will not engage in conduct on or in connection with Happy Tales that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User agrees not to take any actions that may cause damage, embarrassment, or adverse publicity to Happy Tales or other users of Happy Tales.
User will cooperate with all our reasonable requests and will notify us promptly upon learning of any actual or suspected breach of these Terms of Use by User or unauthorized use or abuse of Happy Tales.
As a convenience to Users, this Website may contain Content, links, and other information obtained from third parties over whom we have no control or responsibility. We have no obligation to monitor, control, or restrict the use of this Website or third-party websites accessible via links on this Website. Third party websites are not under our control, and User acknowledges that we are not responsible for the accuracy, copyright compliance, legality, decency, or any objectionable aspect of the content of such sites, whether or not such sites are affiliated in any way with Happy Tales. The inclusion of such links or content does not imply our endorsement of any site, content or any association with their operators. Moreover, we expressly disclaim our ability to ensure that any Content obtained from Happy Tales is guaranteed not to offend a User.
You agree that:
Happy Tales is an AI product and as such, Happy Tales’s Content may have errors or not be completely appropriate for the intended audience. You and your customers may not always agree or be satisfied with the Content and there may other sources of truth or points of view.
The AI generated content may produce Content that is offensive, incomplete, repetitive or incorrect.
You are responsible for your inputs into Happy Tales, realizing that AI generated content may not be completely predictable or meet your expectations. You understand that human review may be needed prior to sharing the Content.
You will review and evaluate any Content that you generate to ensure that it is relevant to your audience and before you save it in Happy Tales public library.
You represent that you have the rights to use any copyrighted material or photo’s that you input that may be incorporated into the Content that Happy Tales generates.
Despite our best efforts at training Happy Tales, users may fool Happy Tales into generating Content that may be inappropriate in unpredictable ways.
We own the IP related to the Happy Tales software and paid users own any Output that the Users generate based on their inputs.
Happy Tales is provided on an “as is” and “as available” basis and its use is at the sole risk of User, to the fullest extent permissible by law. We disclaim all warranties, express or implied, of any kind (including Happy Tales Content, hardware or software performance or links), including any express or implied warranties as to fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. We will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the AI algorithms, third party software, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages. You acknowledge that any Output provided by Happy Tales based on your use case is at your risk. We will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with Happy Tales. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, our maximum liability will be limited to, in our sole discretion, either (1) the correction or deletion of any inaccurate Content or link; or (2) refund of any fees for Happy Tales received from User to a maximum of the last twelve (12) months of fees.
Each User will defend, indemnify, and hold Wishpond and our respective officers, directors, employees, contractors, agents, licensors and website partners harmless from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s actions or omissions, including use of Happy Tales, online conduct, breach of these Terms of Use, or dealings or transactions with other persons.
In connection with User’s use of and/or access to Happy Tales or any Content, it may be necessary for User to consent to our policies or Software Services Agreement in addition to the Terms of Use set forth herein, which User should read carefully before making any use of Happy Tales or Content. Any such additional terms and conditions will not vary or replace these Terms of Use regarding any use of Happy Tales, unless otherwise expressly stated.
We are concerned about privacy and have a policy to address privacy concerns. User can find the current privacy policy at https://Happy Tales.ai/privacy-policy/ (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms.
With respect to any disputes arising out of or in connection with Happy Tales or these Terms (including without limitation the Privacy Policy), Happy Tales and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. Happy Tales has no obligation to become involved in any dispute between a User and any third party. Happy Tales, these Terms, and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the Province of British Columbia, Canada without regard to its conflict of law principles. User agrees that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in British Columbia, in accordance with the arbitration laws in this jurisdiction by an arbitrator nominated by Happy Tales. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that Happy Tales is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the provisions of these Terms pending a final arbitral decision.
These Terms of Use constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. We reserve the right to change these Terms of Use at any time and they are effective immediately upon posting. User is advised to review these Terms of Use occasionally or at least every thirty (30) days. User’s continued use of Happy Tales, subsequent to our modification of these Terms of Use, shall constitute User´s acceptance of the modified Terms of Use. If any provision of these Terms of Use shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other provisions of these Terms of Use , or the whole of these Terms of Use , but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. The parties hereto are separate and distinct, and this agreement is not intended to create and does not create an agency, partnership, or joint venture relationship between the parties nor do these Terms of Use extend to any third party. User´s obligations pursuant to these Terms of Use shall survive termination of this Website, any use of this Website, any Content provided by User on this Website, and/or these Terms of Use.
If you have any questions regarding Happy Tales or these Terms of Use, please contact us at info@happytales.ai
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