MENTALHAPPY TERMS OF USE


Effective Date of Current Policy: April, 2016

MentalHappy Inc. d/b/a Cheerbox/Cheerbox.co (“MentalHappy”, “we” or “us”) operates the website located at www.MentalHappy.com (the “Site”). The following terms and conditions (the “Terms of Use”) govern your access to and use of the Site.

Please read the Terms of Use carefully before you use the Site.  By using the Site, you agree to these Terms of Use, including our Privacy Policy, found at Privacy Policy, without qualification or limitation. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

Privacy

MentalHappy is committed to helping you safeguard your privacy. Please review our Privacy Policy for details about how we collect, use, and disclose your information.  By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Electronic Communication

By accessing, browsing or using the Site, submitting your information through the Site, or communicating with us through the Site, you consent to receive communications from us by e-mail or Site notices. Any communications provided to you electronically satisfy any legal requirement that such communication be in writing.

Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

Pay Per Order: You may make 1 time purchase of box.  No refunds issued 24 Hours after order has been received.  

Product Information; Limitation on Quantities

Excluding any content that may be submitted by members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

Recipient Rules: Cheerbox is not to be opened by anyone other than intended, predetermined recipient/receiver.  If you receive  a Cheerbox that has been opened please alert us at Hi@MentalHappy.com

Copyright

Images of people, places or products posted on this Site are either the property of MentalHappy, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of MentalHappy or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of MentalHappy and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us.

Trademarks

The MentalHappy name, the term MentalHappy and all related names, logos, product and service names, designs and slogans (the “Marks”) are trademarks of MentalHappy Inc. or its affiliates or licensors. You must not use such Marks without the prior written permission of MentalHappy, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Limited License to Use Site

You are granted a limited license to use the Site for personal use only. Such grant does not permit you to do any of the following: (1) use the Site or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including Marks described above) in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site. Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.

Digital Millennium Copyright Act

MentalHappy expects all users to respect the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you or another owns has been posted on this Site without authorization, you may notify us with the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • identification of works or materials being infringed;
  • identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  • your contact information, including address, telephone number and, if available, e-mail address;
  • a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Changes to the Website; Disclosure

We further reserve the right to remove, delete, redact or otherwise modify content on the Site, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Subject to the Privacy Policy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Linking to the Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.

Links to Other Websites

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  MentalHappy HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability.

IN NO EVENT WILL MentalHappy, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless MentalHappy, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (1) your use of the Site, including use of its content, or (2) your violation of these Terms of Use, our Privacy Policy, any other terms or rules applicable to the Site, any rights of any other person or entity, or any applicable laws, rules or regulations.

Governing Law

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal or state courts in and for New York County, New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Changes to Terms of Use

From time to time we may revise these Terms of Use to reflect changes in the Site or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time in our sole discretion. Your continued use of our Site means that you accept and agree to these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. You will know if these Terms of Use have been revised since your prior visit to the Site by referring to the "Effective Date of Current Policy" at the top of this page.

International Use

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Waiver and Severability

No waiver by MentalHappy of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MentalHappy to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and the Privacy Policy Privacy Policy constitute the sole and entire agreement between you and MentalHappy with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

 

MENTALHAPPY PRIVACY POLICY

Effective Date of Current Policy: April, 2016

MentalHappy Inc. (“MentalHappy”, “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy.  This policy describes the types of information we may collect from you or that you may provide when you visit the websitewww.MentalHappy.com (the “Site”) and our practices for collecting, using, maintaining, protecting and disclosing such information.

By using the Site, you agree to the use, disclosure and procedures this Privacy Policy describes. Please note that this Privacy Policy does not apply to third party websites or services ("Third Party Services"), including but not limited to Facebook, Twitter, Pinterest, Instagram and Google+, that we do not own or control, even if you access them through the Site.

This policy does not apply to information collected by (1) us offline or through any other means, including on any other website operated by us or any third; or (2) any third party, including through any application or content that may link to or be accessible from or on the Site.

Information We Collect From You

We collect certain personal information from you, including but not limited to, your name, email address, shipping address, credit card information, and information from Third Party Services that you give us access to.

We also collect certain non-personal information from you, such as the details of your visits to our Site, including but not limited to the type of browser and operating system you use, traffic data, location data, logs and other communication data and the resources that you access and use on the Site.

Child Information.  Our Site is not intended for children under 13 years of age. In accordance with the Children's Online Privacy Protection Act ("COPPA”), we do not knowingly collect information from children under the age of 13. If you are under 13, do not use or provide any information to us on this Site or otherwise provide any information about yourself to us, including your name or e-mail address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.

How We Collect Information From You

We may collect your information in the following ways:

1. Directly from you when you provide it to us. This includes, without limitation, information provided at the time you purchase an item, your correspondence with us by e-mail or phone, and your responses to any surveys we might ask you to complete.

2. Automatically as you navigate through the Site. We may use automatic data collection technologies such as pixel tags, web beacons and cookies to collect certain information about your equipment, browsing actions and patterns, including details of your visits to our Site, including: (i) traffic data, location data, logs and other communication data and the resources that you access and use on the Site; and (ii) information about your computer and Internet connection, such as your IP address, operating system and browser type.

Cookie. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.

Web Beacons; Pixels. Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics.

How We Use Your Information

If you subscribe to MentalHappy and/or place an order through MentalHappy.com, we will ask you for your name, e-mail address, shipping address, telephone number and credit card information or certain other personally identifiable information about yourself ("Personal Information").  Except if we sell all or a portion of our business, as described below, we do not rent or sell your Personal Information to anyone. If we share your Personal Information, we do so only as described below.

We use information that we collect about you or that you provide to us, including any Personal Information:

  • to present our Site and its contents to you.
  • to provide you with information, products or services that you request or may be of interest to you.
  • to contact you when necessary, including to respond to your comments or questions.
  • to fulfill any other purpose for which you provide it.
  • to process and track your purchases and improve your personal profile.
  • to notify you about changes to our Site, your orders, or the products or services we offer.
  • for our internal business purposes.
  • in any other way we may describe when you provide the information.
  • for any other purpose with your consent.

In addition, in connection with providing the utmost service and support through the Site, certain trusted third party affiliates may have access to your information for certain purposes, including but not limited to, enhancing your Site experience, Site operation, and processing your orders.

Non-Personal Information. We may disclose aggregated information about our visitors, and information that does not identify any individual, without restriction.

Unpaid Cheerbox Orders. All unpaid Cheerbox orders will go to the “Sponsor a Cheerbox Page on MentalHappy.com”; where individuals from MentalHappy Community and general public can make a contribution on Cheerbox recipient's behalf. Once the Cheerbox order is paid, MentalHappy will mail to recipient. The donor will receive a donation receipt for tax purposes.

Business Transfer. We reserve the right to transfer or sell our company assets in a merger, sale involving part or all of the business, reorganization, stock sale or any other change in control. In these types of transactions, visitor information is typically one of the business assets that would be transferred. Also, if MentalHappy or its assets are acquired, or if MentalHappy goes out of business, enters into bankruptcy, or goes through some other change of control, your Personal Information could be one of the assets transferred to or acquired by a third party.

Protective Disclosures. We reserve the right to preserve and disclose any information that we reasonably believe is necessary to (i) comply with any court order, law or legal process, including to respond to any government or regulatory request; (ii) enforce or apply our Terms of Use Terms and Conditions and other agreements; or (iii) protect the rights, property, or safety of MentalHappy, its employees, its users, or others.

Protection of Your Information

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we use commercially reasonable efforts to protect your Personal Information and ensure our payment processors do the same, we cannot guarantee complete security of your Personal Information transmitted to our Site. Any transmission of Personal Information is at your own risk we are not liable for any disclosures as a result of errors in transmission or unauthorized acts of third parties.

IMPORTANT NOTICE:  The purpose of MentalHappy Products, Community and Services are to provide tools to help individuals better cope with every day to day life situations and challenges. The MentalHappy website or product in no way diagnose or cure mental illness, or mental health related issues. For more serious issues or thoughts of suicide please reach out to Suicide Prevention Hotline at http://www.suicidepreventionlifeline.org/

Changes to Privacy Policy

From time to time we may revise this Privacy Policy to reflect changes in the Site or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise this Privacy Policy at any time in our sole discretion. Your continued use of our Site means that you accept and agree to this Privacy Policy as amended or revised by us from time to time, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms. You will know if this Privacy Policy has been revised since your prior visit to the Site by referring to the "Effective Date of Current Policy" at the top of this page.

Contact Us

If you have any questions about viewing, updating, or deleting your information, please contact us at Hi@MentalHappy.com 

MentalHappy Mailing Address:

300 S. 4th Street Ste. 180

LLas Vegas, NV 89101

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