Terms & Conditions

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY HAPPYBERRY CROCHET. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.HAPPYBERRY.CO.UK (THE "SITE") AND ALL SERVICES PROVIDED BY HAPPYBERRY CROCHET ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please contact HappyBerry Crochet.

Membership Eligibility
Age: HappyBerry Crochet's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. HappyBerry Crochet may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use HappyBerry Crochet services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by HappyBerry Crochet's policies as stated in the Agreement and the HappyBerry Crochet policy documents or future policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by HappyBerry Crochet, each of which is incorporated herein by reference and each of which may be updated by HappyBerry Crochet from time to time without notice to you:

The DOs & DON'Ts of HappyBerry Crochet

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by HappyBerry Crochet from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify HappyBerry Crochet of any unauthorized use of your password or any breach of security. You also agree that HappyBerry Crochet cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than HappyBerry Crochet without HappyBerry Crochet's express written permission.

Account Information
You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer
You may not transfer or sell your HappyBerry Crochet account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service
HappyBerry Crochet's services are not available to temporarily or indefinitely suspended HappyBerry Crochet members. HappyBerry Crochet reserves the right, in HappyBerry Crochet's sole discretion, to cancel unconfirmed or inactive accounts. HappyBerry Crochet reserves the right to refuse service to anyone, for any reason, at any time.

Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to HappyBerry Crochet and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on HappyBerry Crochet.

Restricted Activities: Your Content and your use of HappyBerry Crochet shall not:

Be false, inaccurate or misleading
Be fraudulent
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, The DOs & DON'Ts of HappyBerry Crochet, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including HappyBerry Crochet staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Modify, adapt or hack HappyBerry Crochet or modify another website so as to falsely imply that it is associated with HappyBerry Crochet
Appear to create liability for HappyBerry Crochet or cause HappyBerry Crochet to lose (in whole or in part) the services of HappyBerry Crochet's ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, The DOs & DON'Ts of HappyBerry Crochet, or other policy documents as posted on HappyBerry Crochet

Other Resources
HappyBerry Crochet is not responsible for the availability of outside websites or resources linked to or referenced on the Site. HappyBerry Crochet does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that HappyBerry Crochet 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release
In the event a dispute arises between you and HappyBerry Crochet, please contact HappyBerry Crochet.

Should you have a dispute with one or more users, or an outside party, you release HappyBerry Crochet (and HappyBerry Crochet's owners, partners, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. HappyBerry Crochet encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

HappyBerry Crochet, for the benefit of users, may try to help users resolve disputes. HappyBerry Crochet does so in HappyBerry Crochet's sole discretion, and HappyBerry Crochet has no obligation to resolve disputes between users or between users and outside parties. To the extent that HappyBerry Crochet attempts to resolve a dispute, HappyBerry Crochet will do so in good faith based solely on HappyBerry Crochet's policies. HappyBerry Crochet will not make judgments regarding legal issues or claims.

HappyBerry Crochet's Intellectual Property
HappyBerry Crochet, and other HappyBerry Crochet graphics, logos, designs, page headers, button icons, scripts, and service names may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference
HappyBerry Crochet may contain robot exclusion headers which contain internal rules for software usage. Much of the information on HappyBerry Crochet is updated on a real-time basis and is proprietary or is licensed to HappyBerry Crochet by HappyBerry Crochet's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access HappyBerry Crochet for any purpose whatsoever, except to the extent expressly permitted by and in compliance with any future HappyBerry Crochet's API Terms of Use or otherwise without HappyBerry Crochet's prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in HappyBerry Crochet's sole discretion, an unreasonable or disproportionately large load on HappyBerry Crochet's infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display any Content or other allowed uses as set out in The DOs & DON'Ts of HappyBerry Crochet from the Site except to the extent expressly permitted by and in compliance with any future HappyBerry Crochet's API Terms of Use or otherwise without the prior express written permission of HappyBerry Crochet and the appropriate third party, as applicable
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Bypass HappyBerry Crochet's robot exclusion headers or other measures HappyBerry Crochet may use to prevent or restrict access to HappyBerry Crochet

Breach

Without limiting any other remedies, HappyBerry Crochet may, without notice, delay or immediately remove Content, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

HappyBerry Crochet suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, The DOs & DON'Ts of HappyBerry Crochet, or other policy documents and community guidelines incorporated herein; HappyBerry Crochet is unable to verify or authenticate any of your personal information or Content; or HappyBerry Crochet believes that a user is acting inconsistently with the letter or spirit of HappyBerry Crochet's policies, has engaged in improper or fraudulent activity in connection with HappyBerry Crochet or the actions may cause legal liability or financial loss to HappyBerry Crochet.

Privacy
Except as provided in HappyBerry Crochet's Privacy Policy HappyBerry Crochet will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. HappyBerry Crochet stores and processes Content on computers located in the European Union that are protected by physical as well as technological security.

No Warranty
HAPPYBERRY CROCHET, HAPPYBERRY CROCHET's SUBSIDIARIES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND HAPPYBERRY CROCHET's SUPPLIERS PROVIDE HAPPYBERRY CROCHET's WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HAPPYBERRY CROCHET, HAPPYBERRY CROCHET's SUBSIDIARIES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND HAPPYBERRY CROCHET's SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM HAPPYBERRY CROCHET SHALL CREATE ANY WARRANTY. THIS DOES NOT AFFECT YOUR STATOTURY RIGHTS.

Liability Limit
IN NO EVENT SHALL HAPPYBERRY CROCHET, AND (AS APPLICABLE) HAPPYBERRY CROCHET's SUBSIDIARIES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR HAPPYBERRY CROCHET's SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, HAPPYBERRY CROCHET's SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HAPPYBERRY CROCHET AND (AS APPLICABLE) HAPPYBERRY CROCHET's PARENT, SUBSIDIARIES, AFFILIATES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE SOLICITOR' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guarantee
HappyBerry Crochet does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside HappyBerry Crochet's control.

Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any HappyBerry Crochet service and, if applicable, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on HappyBerry Crochet's net income).

Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency
You and HappyBerry Crochet are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

HappyBerry Crochet Service
HappyBerry Crochet reserves the right to modify or terminate the HappyBerry Crochet service for any reason, without notice, at any time. HappyBerry Crochet reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If HappyBerry Crochet makes a material change HappyBerry Crochet will notify you here or by email, or other places HappyBerry Crochet deems appropriate. What constitutes a "material change" will be determined at HappyBerry Crochet's sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law
This Agreement shall in all respects be interpreted and construed with and by English law.

Survival
All sections listed above shall survive any termination or expiration of this Agreement.

Notices
Except as explicitly stated otherwise, any notices shall be given by email to HappyBerry Crochet or, in your case, to the email address you provide to HappyBerry Crochet (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, HappyBerry Crochet may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to HappyBerry Crochet. In such case, notice shall be deemed given three days after the date of mailing.

Disclosures
The services hereunder are offered by HappyBerry Crochet, located in England.

Effective Date: 15th March 2012

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