Conditions of Use of Website and Terms of Sale Agreement

Definitions

“Site” mean the website happymusings.com.

“E-Cards” means the electronic cards available on the Site, including downloadable versions thereof.

“Materials” means all photographs, graphics, images, illustrations, sound clips, animations and text on the Site, including the E-cards.

“The Company” means Sally Huss, Inc., a company registered in the United States and trading as HappyMusings.com.

“Member” means any person who has purchased a license to use E-cards and other features of the Site.

“You” means any person visiting or browsing the Site, including Members.

“Agreement” means this document.

Introduction

This document is in two parts.

The first part contains the conditions of use of the Site, and applies to all persons visiting or browsing the Site, including Members.

The second part contains the terms of sale of a license to use additional features of the Site, and applies only to those who choose to become Members by purchasing such a license.

Conditions of Use of Site

The following is a legal agreement between you and the company. By browsing or using the Site, you acknowledge that you have read, understood, and agreed to be bound to by this Agreement.

• All Materials are protected by copyright, and owned or controlled by the Company or the parties credited in the copyright notices within the Materials. You shall abide by all additional copyright restrictions contained in any Materials accessed through the Site. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part, except as otherwise provided for in this Agreement. You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices contained therein. All information and software provided through the Site is and shall remain the sole and exclusive property of the Company or the parties credited in the copyright notices within the Materials.

• Causing the Site to be displayed in a frame of another Website is forbidden. Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden except as otherwise provided for in this Agreement.

• The Company may from time to time in its sole discretion publish E-cards which may be viewed, sent by e-mail to third parties, or downloaded from the Site. The Company may further determine that certain of these E-cards are exclusively for the use of Members and others are available also to non-Members.

• The Company may further vary from time to time in its sole discretion the Materials and other features of the Site available to Members and non-Members.

• All Materials are subject to change without notice.

• You agree that you will not through the use of the Site violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libelous or otherwise unlawful material. You hereby indemnify, defend and hold harmless the Company and all officers, directors, owners, agents, Material providers, licensors and licensees from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by them in connection with any claim arising out of any breach by you of this Agreement. You shall cooperate as fully as reasonably required to defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

• You may not use this Site to send E-cards to mailing lists or to send unsolicited bulk or commercial messages. The use of computer programs which automate the process of sending or viewing any the Materials is strictly prohibited. We reserve the right to limit, in our sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.

• The Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Site by any person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.

• The Materials are provided “as” without warranty of any kind, either expressed or implied. The Company is not responsible for any failure of E-cards sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.

10. Neither the company nor any of its officers, directors, employees or affiliates shall be liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind whatsoever (including, but not limited to, lost profits or attorneys’ fees) in any way due to, resulting from or arising in connection

With your access to, inability to access, or use of the Site, or from your reliance on any information provided at the Site, even if the Company has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort. In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that the Company and is affiliates’ aggregate liability shall not exceed the amount paid pursuant to the terms of this Agreement.

11. The Company may modify this Agreement at any time by updating this page. By using the Site, you agree to be bound by any such revisions and you should periodically visit the Site to determine the terms to which you are bound.

12. This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the United States, and you and the Company submit to the exclusive jurisdiction of the American Courts.

Terms of Sale Agreement

The following is an additional set of terms that apply only to those who choose to become Members by purchasing a license to use the E-cards.

• These Terms are in addition to the Conditions of Use of Site above and nothing in these Terms shall be deemed to override or replace any of the above Conditions.

• The Company hereby grants you a limited license to use such E-cards and other features of the Site as are from time to time determined, at the Company’s sole discretion, to be available for Members only.

• In order to become a Member, you must pay a membership fee. For current rates, click here. You may pay for your membership by credit card, PayPal, or by mailing us a check or money order. We can only accept money orders from the US, Canada, and Australia. Please be aware that some credit cards (for example, Discover Card) cannot be used for international payment.

• If you choose to pay by money order or check, please follow the online application procedure. Your membership will be activated upon receipt of your payment.

• If you choose to pay by PayPal, please use our online application procedure. Your membership will be activated as soon as we receive payment from PayPal, which, in some circumstances, may take as long as 5 business days.

• If you pay by credit card or chek, please be aware that we will send a small test transaction through your credit card or PayPal account to make sure that the account you have given us is valid. This test transaction may occur before any application free trial is over, or before your membership has expired. This test transaction is not a charge, and will fall off your account in approximately 72 hours – it is just a way to confirm that your payment method is valid.

• If you choose to pay by credit card or PayPal, the Company offers you the opportunity to auto-renew. If you choose to auto-renew, on the anniversary of you becoming a Member, the Company will charge your credit card or PayPal account the then-current price for another year of membership. Price for renewal is the same as the price for new members.

• In order to use the Site, you will be required to select a password to be used in conjunction with your e-mail address. You must not disclose this password to others or permit others to use your password so as to access the Site.

• No use of the Site, E-cards or Materials is permitted save that permitted by the Conditions of Use of Site above.

• You must ensure that the e-mail address which you give as part of your membership details is your correct and valid e-mail address.

• If you change your e-mail address you must notify the Company by means of the facilities made available on the Site.

• You accept that the Site is reliant on the work of a single artist, and on the continued ability of that single person to continue working. Your purchasing of a license does not commit the Company to the future maintenance or availability of the Site nor to the release of further E-cards.

• You may cancel your license at any time. Unless terminated beforehand, your license will end on a date determined by the Company according to the amount of the fee paid by you in accordance with the price list published on the Site.

• Should your license be cancelled or terminated, or the Site closed for any reason whatsoever, refunds will be given solely at the discretion of the Company. Normally refunds will only be given in the event of a technical problem that prevents you from using the Site.

• The Company may from time to time in its sole discretion modify the list of E-cards and other features of the Site which are available exclusively to Members. The Company may also change, suspend or close the Site, or any part of feature of the Site, or restrict access to parts or the whole of the Site, without notice or liability.

• The Company may modify this Agreement at any time by updating this page. By becoming a Member, you agree to be bound by any such revisions and you should periodically visit the Site to determine the Terms to which you are bound. If any of the rules contained in the Agreement or any future changes to the Agreement are not acceptable to you, you should cancel your license. Your continued use of the Site now, or following the posting of any changes to this Agreement, will indicate acceptance by you of such changes.

Contact Details

We do not offer telephone technical support. If you have a technical problem, please use our Help pages to contact us.

All membership payments must be accompanied with an application form. For an application form, please click Join Us in the main website menu and follow the prompts. Payments submitted without the application form can not be accepted.