Access to and use of 'CleverlyHappy' is provided by Hyposoft on the following terms:
1. By using CleverlyHappy you agree to be bound by these terms, which shall take effect immediately on your first use of CleverlyHappy. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to CleverlyHappy.
2. Hyposoft may change these terms from time to time and so you should check these terms regularly. Your continued use of CleverlyHappy will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website and the accompanying web services.
Use of CleverlyHappy
3. You agree to use CleverlyHappy only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of CleverlyHappy. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within CleverlyHappy.
4. By sharing any contribution (including any text, photographs, graphics, video or audio) with Hyposoft you agree to grant to Hyposoft, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons).
5. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share on CleverlyHappy.
6. If you do not want to grant Hyposoft the permission set out above on these terms, please do not submit or share your contribution to or with CleverlyHappy.
8. You agree to use CleverlyHappy in accordance with the following rules.
(i) About posting content and comments:
- No advertising or promoting.
- Contributions must be civil and tasteful.
- No disruptive, offensive or abusive behavior: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- Be patient: users of all ages and abilities may be taking part in the relevant CleverlyHappy community.
- No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
- No impersonation.
- No unethical or immoral content. Content that encourage unhealthy/addictive substances and behavior such as alcohol usage, smoking, gambling is not permitted
- No inappropriate (e.g. vulgar, offensive etc) content or alias user names.
- Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
(ii) Your account:
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified).
(iv) Legal requirements:
- You may not submit or share any defamatory or illegal material of any nature on CleverlyHappy. This includes text, graphics, video, programs or audio.
- Contributing material to a CleverlyHappy community with the intention of committing or promoting an illegal act is strictly prohibited.
(vi) If you breach these rules:
If you fail to abide by these rules (and/or any variations in relevant local house rules) when taking part on CleverlyHappy, you might receive an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.
This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate on CleverlyHappy.
If you submit or share offensive or inappropriate content to CleverlyHappy or otherwise engage in any disruptive behavior on CleverlyHappy, and Hyposoft considers such behavior to be serious and/or repeated, Hyposoft may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
Hyposoft reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
Disclaimers and Limitation of Liability
9. Content posted on CleverlyHappy is created by members of the public. The views expressed are theirs and unless specifically stated are not those of Hyposoft. Hyposoft are NOT responsible for any content posted by members of the public on CleverlyHappy or for the availability or content of any third party sites that are accessible through CleverlyHappy. Any links to third party websites from CleverlyHappy do not amount to any endorsement of that site by Hyposoft and any use of that site by you is at your own risk.
10. CleverlyHappy content, including the information, names, images, pictures, logos and icons regarding or relating to Hyposoft, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis. To the extent permitted by law, Hyposoft excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Hyposoft does not guarantee the timeliness, completeness or performance of the website or any of the content.
11. Nothing in these terms limits or excludes Hyposoft's liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Hyposoft shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of CleverlyHappy regardless of the form of action.
12. Hyposoft do not warrant that functions available on CleverlyHappy will be uninterrupted or error free, that defects will be corrected, or that CleverlyHappy or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
13. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
14. The failure or delay of Hyposoft to exercise or enforce any right in these terms does not waive Hyposoft's right to enforce that right.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
15. You agree that the Service concluded and constituted on these terms and conditions shall be construed in accordance with the Norwegian Law. Disputes shall be brought before the Norwegian Courts with Oslo tingrett as legal venue.
You further agree that any disputes or claims that you may have against us will be resolved by a court located Norway with Oslo as the legal venue and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.