TERMS OF SERVICE

AGREEMENT TO TERMS OF SERVICE
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Happy Ernie accessible at https://happyernie.com.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, THE HAPPY ERNIE RESTRICTION TERMS, THE PRIVACY POLICY OR ANY OTHER GUIDELINES OR RULES POSTED ON THE WEBSITE, THEN DO NOT USE THIS WEBSITE.

OWNERSHIP OF WEBSITE AND WEBSITE CONTENT
All text, software, user interfaces, visual interfaces, graphics, photographs, artwork, trademarks, logos, sounds, music, video, computer codes and other audio-visual material (collectively, “Content”) contained on the Website, including but not limited to the design, structure, coordination, selection, expression, and arrangement of such Content, is controlled, owned, or licensed by or to Happy Ernie, as further set forth in these Terms of Service, and is protected by copyright, trademark and various other intellectual property and unfair competition laws.

Except as expressly provided in these Terms of Service, no part of the Website and no Content may be used in any way without Happy Ernie’s express prior written consent, including without limitation the copying, publicly display, reproduction, republishing, posting, uploading, transmitting, or distributing in any method or manner to any other device, computer, website or other platform or medium. The unauthorised copying and distribution (including without limitation downloading, uploading, file serving, file “swapping” or other similar activities) of any such Content or materials constitutes copyright infringement under the Singapore Copyright Act and international copyright laws, and Happy Ernie and its third party licensors and suppliers will enforce such rights to the full extent of the law. Violation of these terms shall be assumed to have been wilful.

Happy Ernie reserves the right to do any of the following, at any time, without notice: (1) modify, terminate, or suspend access/operation to the Website, or any portion of the Website, for any reason; (2) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, technical updates or other changes.

RESTRICTIONS
You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Happy Ernie may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

YOUR CONTENT
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Happy Ernie a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Happy Ernie reserves the right to remove any of Your Content from this Website at any time without notice.

PRIVACY
Our Privacy Policy details how your information is used when you use our services. By using our services, you’re also agreeing that we can process your information in ways set out in the Privacy Policy, so please read it here.

NO WARRANTIES
This Website is provided “as is,” with all faults, and Happy Ernie express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

LIMITATION OF LIABILITY
In no event shall Happy Ernie, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Happy Ernie, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

INDEMNIFICATION
You hereby indemnify to the fullest extent Happy Ernie from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

CHILD PROTECTION NOTIFICATION
This Site contains some content that might be deemed unsuitable to minors. Parents who find any material on this site unsuitable for their children are encouraged to utilise parental control services. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

SEVERABILITY
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

VARIATION OF TERMS
Happy Ernie is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

ASSIGNMENT
Happy Ernie is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

VIOLATION OF THESE TERMS OF SERVICE
You may use our Website only as permitted by law. As further set forth in our Privacy Policy, you agree and acknowledge that Happy Ernie may preserve any communication and information made or disclosed by you through the Website, and Happy Ernie reserves the right to disclose any such communication or information that Happy Ernie deems necessary (i) to comply with any applicable law, regulation, legal process or governmental authority; (ii) to enforce these Terms of Service; (iii) to respond to claims that any such data violates the rights of others; or (iv) to protect the rights, property or personal safety of Happy Ernie, its affiliates, parent, subsidiaries, suppliers and their respective directors, officers, employees and agents and/or users of or visitors to the Website, and the public.

You also agree that Happy Ernie may, in its sole discretion and without prior notice, suspend or terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice and will cause irreparable harm to Happy Ernie for which monetary damages would be inadequate, and you consent to Happy Ernie obtaining any injunctive or equitable relief that Happy Ernie or its counsel deems necessary in such circumstances. These remedies are in addition to any other remedies Happy Ernie may have at law or in equity.

If Happy Ernie does take any legal action against you as a result of your violation of these Terms of Service, Happy Ernie will be entitled to recover from you, and you agree to pay, all attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that Happy Ernie will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Service or as a result of technical problems or modifications to the Website or as otherwise required by law.

GOVERNING LAW AND JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of Singapore, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Singapore for the resolution of any disputes.

 

LAST UPDATED FEBRUARY 9, 2019