Terms of Service
Behappy.me provides a range of services including but not limited to, enabling you to publish, sell, comment on, promote, and purchase products ("Products"), receive the benefits of Behappy.me product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer service.
Subject to the terms and conditions of this Agreement, the Service is provided solely for User's own personal use, and not for the use or benefit of any third party. Behappy.me may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Behappy.me may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.
The User certifies to Behappy.me that if User is an individual (i.e., not a corporation) the User is at least 18 years of age. The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Behappy.me reserves the right, at its discretion, to modify this Agreement, fees, charges, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User's acceptance of the terms and conditions of changes as modified.
In order to enjoy all the benefits of Behappy.me, the User must register and become a member ("Member"). Membership requires that the User registers on the Site (including by filling-out all required personal information). The User may opt out of marketing and promotional e-mails. The User may cancel their membership at any time by canceling online on the Site.
The User may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. The User may never use another's Behappy.me account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Behappy.me immediately of any breach of security or unauthorized use of your account. Although Behappy.me will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Behappy.me or others due to such unauthorized use.
4. CONTENT AND COPYRIGHT POLICY
If you submit, post, upload, display, or sell all information, images, pictures, data, text, photographs, graphics, messages, or other materials ("Content") via the Site, you grant Behappy.me a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to use and archive the Content in accordance with or as reasonably contemplated by this Agreement.
When you post, submit, or upload Content on the Site you represent and warrant that:
1. you own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display, reproduce and sell the Content as Behappy.me products. You license Behappy.me to use and sub-license the Content in accordance with this Agreement;
2. you and your Content do not and will not infringe upon the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy.
Behappy.me reserves the right to review, and if necessary remove, any Content from the website or to cancel your account at its sole discretion, either because that content breaches this Agreement or any applicable laws, or otherwise.
This means that you, and not Behappy.me, are entirely responsible for all Content that you upload for sale as products, post, email, transmit or otherwise make available via the Services.
If you believe that Content or other material residing on or accessible through the Behappy.me Service infringes your copyright, please send a notice of claimed copyright infringement to us.
5. RESPONSIBILITY OF SITE MEMBERS AND VISITORS
Violation of any of these agreements will result in the termination of your Behappy.me account.
Behappy.me and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Behappy.me Services. Without limiting the foregoing, Behappy.me and its designees shall have the right to remove any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Behappy.me or submitted to Behappy.me, including without limitation information in Behappy.me collaborations, posts and in all other parts of the Behappy.me Services.
Without limiting other remedies, we may limit, suspend or terminate our Service and user accounts, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep users off the Behappy.me websites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.
6. PAYMENTS AND FEES
Behappy.me may save Member's credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless the Member notifies Behappy.me through the Site. Behappy.me currently accepts PayPal and the following credit cards at this time: American Express, VISA and MasterCard.
When you purchase a Product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site.
The sale will be submitted for processing as soon as you click on the "confirm" button. You will then receive an e-mail from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilise the card to effect payment.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services.
After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your Products.
If the User sells a quote/poster through the Site, User will receive 30% form every poster made by the User and sold through the Site (excluding applicable taxes and shipping fee). The minimum withdrawal amount is $20. User shall submit withdrawal request through the Site. Behappy.me will process the User`s withdrawal request in 3-5 business days. Behappy.me transfers the money to the User`s PayPal account. The User is responsible for applicable taxes.
The User that sells quote/poster through the Site certifies that he/she: a) is not controlled, supervised, instructed by Behappy.me and is free from work rules and discipline; b) is free to set his/her own work schedule; c) pays his/her own business expenses, can hire assistants and provide his/her own office and all associated services, including computer, printing, telephone; e) will be reimbursed only for work done; f) is allowed to have other clients.
7. LOCAL TAXES
User is responsible for all sales taxes (as applicable). If User is located in California, User shall pay all taxes in accordance with laws of the State of California.
8. SHIPPING AND RETURN
Purchases are subject to the Behappy.me Refund Policy. Restocking fees may apply. The risk of loss and title for Products ordered by the Member shall pass to the Member upon delivery of the items to the carrier. Behappy.me reserves the right, and the Member hereby authorizes Behappy.me to charge the Member for any damages up to the purchase price of the damaged Product(s). Replacement of products and credits to the Member's account for Products claimed as damaged or not received are subject to Behappy.me investigation and discretion.
9. DESCRIPTION OF PRODUCTS
Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
10. PURCHASE OF PRODUCTS
Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Products on the same order which we have not confirmed in a order confirmation e-mail do not form part of that contract.
Behappy.me shall under no circumstances be held liable for any special losses due to specific circumstances of the customer, indirect or consequential losses or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it is the Member's responsibility to check and determine full ability to receive the Products. Correct address and post code/zip code, up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of your Products.
All information asked on the checkout page must be filled in precisely and accurately. Behappy.me will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact Behappy.me via e-mail.
We deliver to most places in the world. Delivery prices may vary depending on delivery location, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Standard delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Delivery lead time may vary however we aim to supply products within the U.S. within 10 working days of acceptance of order. Products supplied outside the U.S. will normally be delivered within 20 working days of acceptance of order. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for products that are delivered after the estimated delivery date.
This is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of your product as simple for you as possible.
Depending on the location for the delivery different carriers and services might be used to deliver your order, but all will be well vetted and of proven reliability.
The Products will be your responsibility from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Behappy.me has no control over and does not guarantee the delivery of the advertised collaborations and that Behappy.me shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
13. TRADE MARKS
If you use any of our trade marks in reference to our Products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this Site).
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
15. LAW AND JURISDICTION
If a dispute arises between you and Behappy.me, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of California. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of California.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.