TERMS OF SERVICE


By accessing this website and using any of the services (as defined below) accessible through the site, you become a user and agree to, and are bound by, the terms and conditions of this Terms of Service for as long as you continue to use the site or the services. Your use of, or participation in, certain services may be subject to additional terms, and such terms will be either listed in this Terms of Service or will be presented to you for your acceptance when you sign up to use such Services


1) Acceptance of Terms

new-happiness.com GmbH, ("Company") provides its services to you through this site, subject to the following Terms of Service, which may be updated by Company from time to time without notice to you. Please check the Terms of Service periodically for changes. If you do not agree to the Terms of Service, please do not use this site. By using this site, you acknowledge that you are 18 years of age or older and agree that you have read, understood and agree to these Terms of Service. Your continued use of this site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.


2) Services

The Company’s services are discribed in a seperate section 'Services'. Please see: Services
The company may offer additional services or revise any of the Services, at its discretion, and this Term of Service will apply to all additional services or revised Services. The Company also reserves the right to cease offering any of the services


3) Privacy Policy

Certain information provided by you is subject to our Privacy Policy. For more information, please see our full privacy policy.


4) Third Party Sites

This site provides links to other sites on the Internet. Company makes no representations whatsoever about these sites. Other sites linked to this site may contain information or material that some people may find inappropriate or offensive. The provision of links to other sites on the Internet should not imply Company’s endorsement of any such sites by Company or any association with these other sites’ operators. These sites are not under the control of Company, and you acknowledge that Company, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of such sites. You also acknowledge that Company, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to this site


5) Proprietary Rights

You acknowledge and agree that all Content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and the Company, the Company is the owner of all such Content and materials. You may not reproduce, distribute, republish or retransmit any Content or materials posted at this site without the prior written permission of Company. Except as expressly authorized by Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one copy of the materials or Content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited.


6) Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material (“Submissions”), whether publicly posted or privately transmitted, via forums on this site or otherwise, are the sole responsibility of the person from whom such Submissions originated. This means that you and not Company are entirely responsible for all Submissions that you upload, post, email or otherwise transmit via this site. Company does not control the Submissions posted by third parties via this site and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using this site and accessing these postings, you may be exposed to Submissions that are offensive, indecent or objectionable. Under no circumstances will Company, its subsidiaries, its affiliates, or its licensors be liable in any way for any Submissions including, but not limited to, any error or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise transmitted via this site

You agree to not use this site to:

  1. upload, post, email or otherwise transmit any Submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions transmitted through this site;
  5. upload, post, email or otherwise transmit any Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email or otherwise transmit any Submissions that infringe any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  7. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in those areas of this site that are designated for such purposes;
  9. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  10. interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
  11. stalk or otherwise harass another; or
  12. collect or store personal data about other users.


You acknowledge that Company does pre-screen Submissions and that Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submissions that are available via this site. Without limiting the foregoing, Company and its designees shall have the right to remove any Submissions that violate the Terms of Service or are otherwise objectionable as determined by Company in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions. You acknowledge and agree that Company may preserve Submissions and may also disclose Submissions if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and the public.


7) Submissions Posted to Web Site

You agree represent and agree that Submissions you elect to post to the site are not confidential or proprietary, and you grant Company the world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or in part), in any form, media, or technology now known or later developed. You further agree that Company may commercialize any Submissions, and any concepts, information and inventions contained therein, without further compensation to you.


8) Disclaimer of Warranties

ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.


9) Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INNDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO THE SITE. COMPANY, ITS AFFILIATES OR ITS LICENSORS BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED ANY FEES PAID BY YOU TO COMPANY IN THE 30 DAYS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


10) Representations and Warranties

You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use this site only as set forth in these Terms of Service.


11) Indemnity

You agree to indemnify and hold Company and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due that arise from your use or misuse of this site. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses


12) International Use

Company makes no representation that materials or Content on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Contents or materials are illegal is prohibited. If you access this site from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside


13) Copyright Policy

Company respects the intellectual property rights of others and expects visitors to this site to do the same. Company will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Company reserves the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Company will also terminate a user’s account if the user is determined to be a repeat infringer. Company’s designated copyright agent for notice of alleged copyright infringement appearing on the site is: Rolf Walser, e-mail to rolf.walser@new-happiness.com


14) Modifications to Service

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site or some or all of the services offered through this site, with or without notice. You agree that Company shall not be liable to your or to any third party for any modification, suspension or discontinuance of this site or some or all of the services offered through it.


15) Choice of Law and Forum

These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland (Zug), excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Service or your use of this site shall be filed only in the state or federal courts located in Switzerland, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action


16) Severability and Integration

This agreement constitutes the entire agreement between you and Company with respect to this site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Company with respect to this site. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


17) Term and Termination

The service becomes effective upon your acceptance and will remain in effect unless terminated hereunder. Either you or the Company may terminate your account at any time, for any or no reason, without explanation, effective upon sending written notice to the other party (by email, info@new-happiness.com). Company reserves the right, in it’s sole discretion, to immediately suspend or terminate your access to all or part of this site, with or without notice. Company also reserves the right to remove your account information or data from the services and any other records at any time at our sole discretion. No amounts paid by you to Company will be refunded in the event you cancel you terminate your account


18) Renewals

In order to provide continuous and fair service, Company is sending a reminder to you (by email), 7 days before your membership is to expire. You can then renew your membership. If you do not wish to renew the Services you are free to do so; your account will then be set to ‘inactive’ for one month and can be restored upon receipt of an e-mail from you requesting the account be restored, which e-mail must be received by Company during such one month period. Absent an e-mail request to restore your account, your account and all your data will be deleted after such one month period.

These Terms of Service have been last revised on March. 2nd 2010

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