Happily Manifested

Terms & Conditions

TERMS AND CONDITIONS

 

1. Welcome to Happily Manifested

Happily Manifested is a wellness blog primarily focused on content related to mental, physical, and emotional well-being. As a team, our sole aim is to inspire and motivate people to progress in life holistically. All content and advice shared on our platform should be regarded as inspirational guidance and not misconstrued as prescribed instructions to be followed.

Our founder and writers embrace and advocate holistic teachings while showing equal respect to medical professionals, including doctors, practitioners, and staff. We request that the content posted here not be used as a replacement for, or in opposition to, medical advice.

As a reader, it is your sole responsibility to interpret and apply the content based on your personal choice and understanding. These terms of use constitute a legally binding contract between you and Happily Manifested regarding the use of the platform.

2. Acceptance of these Terms of Use

By creating an account, logging into your account, browsing, downloading, installing, or otherwise accessing or using our platform (“the Properties”), you confirm that you have read, understood, and agree to be bound by these Terms, as updated periodically. If you do not agree to these Terms or to any subsequent updates, you are not authorized to use the Properties and must immediately cease accessing them.

Your access to and use of the Properties are contingent on your continued compliance with these Terms and all applicable laws. If you breach these Terms, your right to access and use the Properties will terminate immediately without further action from Happily Manifested

3. Modification and Changes to Terms

We reserve the right, in our sole discretion, to modify or update these Terms at any time for any reason, with or without prior notice to you, and any such changes to these Terms will supersede and replace any previous Terms effective immediately upon posting to this page. It is your responsibility to periodically review these Terms as posted here for any changes. Your continued use of the Properties after the posting of changes to these Terms will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Properties if you do not agree with any changes to these Terms.

4. License to Use the Properties

We are pleased to grant you a non-exclusive, revocable, limited license to use the Properties solely for your personal and non-commercial use. You may only use the Properties in the manner in which the Content (as defined below) you access is intended and in compliance with these Terms and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Properties without the express written consent of Happily Manifested. You may not use the Properties or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms are reserved and retained by Happily Manifested and/or its Content providers. The licenses granted by Happily Manifested terminate if you do not comply with these Terms and/or any other Properties terms and conditions.

By using the Properties, you represent that you are not a person barred from using the Properties under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Properties unless expressly reserved in these Terms.

5. Children’s Online Privacy Protection Act Notification

You may only use the Properties information if you are 13 years of age or older. If you are under 13 years of age or not of legal age, you must have your parent or legal guardian’s permission to apply all the Happily Manifested blog information practically in your life.

6. Intellectual Property Rights

The Properties and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Happily Manifested and may not be used or exploited in any way without our prior written consent.

Any use of the Properties that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark and other laws.

In addition to the intellectual property rights mentioned above, for purposes of these Terms, “Content” is defined as all information such as the “look and feel” of the Properties, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Properties. Happily Manifested tries to ensure that the Content is accurate and complete. Your use of the Properties is at your risk. Happily Manifested does not warrant that the functional aspects of the Properties or the Content will be error free or that the Properties, the Content or the server that makes it available are free of viruses or other harmful components.

Happily Manifested and its suppliers make no warranties about the Content or about results to be obtained from using the Properties. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Properties. Happily Manifested reserves the right to withdraw, temporarily or permanently, any Content from the Properties at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Properties, you acknowledge, agree and confirm that Happily Manifested is not liable to you or any third party for any such withdrawal. Properties Content is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on the Properties.

From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or reach out to us at: hello@happilymanifested.com with “Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or Happily Manifested content. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Happily Manifested and we accept no responsibility for any such third-party opinions and views.

7. Restrictions

You may not under any circumstances:

  • Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;
  • Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Properties or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission from Happily Manifested.
  • Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
  • Mirror, frame, screen scrape or deep link to any aspect of the Properties or access any Content through technology or means other than those provided or authorized by us;
  • Access the Properties via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
  • Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Properties, or tamper with, impair, damage, attack, exploit or penetrate the Happily Manifested system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Happily Manifested or any connected networks, or take any action to impact the proper operation of the Properties and any person’s or entity’s use or enjoyment thereof;
  • By pass the measures we may use to prevent or restrict access to or use of the Properties, including by hacking into secured or non-public areas of the Properties, circumventing any geo-blocking mechanisms or otherwise;
  • Use the Properties to collect any personally identifiable information, including Account names and e-mail addresses, or use the Properties for any commercial solicitation purposes, without our prior express written permission; or
  • Attempt to reverse engineer any aspect of the Properties or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Properties, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Properties.

8. User Generated Material

If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Properties (“User Generated Material”) that may be accessible and viewable by the public.

With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies.

User Generated Material must not:

  • Contain any material which is false, defamatory, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
  • Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
  • Create or threaten harm to any person or loss or damage to any property;
  • Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
  • Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Happily Manifested or any other person;
  • Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • Misrepresent your identity or affiliation with any person or organization, including Happily Manifested;
  • Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
  • Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
  • Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Happily Manifested or the networks or services connected to the Properties or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or
  • Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
  • Be otherwise objectionable or non-family friendly as determined by HAPPILY MANIFESTED at its sole discretion.

We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

We may refuse, alter, or remove a User Submission without notice for any reason at Happily Manifested’s sole discretion, including our belief that a User Submission may violate these Terms or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Properties, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Properties, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Properties and your interactions with other users.

Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Properties that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Properties, whether or not it violates our Terms.

If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Properties and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Properties, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Properties and from any claims related to the conduct of any other users.