Terms Of Service
Welcome to HappyNumbers.com. The following Terms of Service ("ToS") govern all use of the www.happynumbers.com website, including happynumbers.com/blog and plus.happynumbers.com (the "Website") and all content, services, features, activities, and products available at or through the Website, including, but not limited to, interactive lessons in the field of Mathematics (the "Lessons" and, together with all other content, services, features, activities, and products available through the Website, the "Services") and Happy Printables.
The Services are provided by Happy Numbers Inc., a company organized under the laws of the USA, having its principal place of business at 2345 Yale Street., First Floor, Palo Alto, CA 94306, USA.
Please read these ToS carefully before you start using the Services.
Date of issue of this User Agreement: 05.04.2017
Last updated: 04.21.2023
If you do not agree with all the terms and conditions of this Agreement, please refrain from using the Website or the Services. These ToS may be amended occasionally, and Happy Numbers will submit them to you by email. Upon logging into the Website, your explicit acceptance of the new ToS shall constitute your consent to such changes. The user may terminate the modified Services within 45 days of submitting the new ToS.
1. Your responsibility for internet access
To use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access.
You have obtained and shall maintain all consents, licenses, and necessary filings and settings for the Website and/or intellectual property rights related to any Services, to be available to you. You shall guarantee that the Services will not be used to violate any law, regulation, or rights of third parties, including intellectual property rights, or to incite or facilitate such a violation.
2. User registration
Most areas of the Website will require registration. By registering, you represent and warrant that: a. you are eligible for an account as outlined in these ToS; and b. the personal information you include as part of the registration process is accurate, up to date, and not misleading; and c. you are entitled to access and use the Services according to any laws and /or regulations that may apply to you, notably but not limited to laws and/or regulations on the protection of minors.
User accounts may be obtained and used only by individuals (i) who are eighteen years old (18) or of legal age in their country of residence, if such age exceeds eighteen (18), or (ii) whose registration has been authorized by their parents or legal representatives, if they are below the legal age in their country of residence.
You agree to be solely and entirely responsible for maintaining the confidentiality of your user account, login (user name), and password and for any activity that may occur through your user account.
Upon obtaining an account, you shall have access to the Services and the functionality that Happy Numbers establishes and maintains through your login and password.
Happy Numbers provides free and paid licenses to use Teacher accounts, as our pricing page outlines. Teacher accounts allow you to use our exercises on an interactive whiteboard for group instruction and modeling. Individual student accounts are connected to Teacher accounts and might require a paid subscription depending on whether the Teacher account needs one. If you have any questions regarding our pricing, please contact us at: firstname.lastname@example.org.
4. Supervising children
Happy Numbers is concerned about the safety and privacy of all its users, particularly children. For this reason, children should be assisted by their parents, legal representatives, or teachers to access the Services by helping them set up any relevant accounts and supervising their access to the Website and the Services. Happy Numbers agrees that students’ personally identifiable information stays under the parents’ and school’s direct control.
If you are a teacher, you represent and warrant, and Happy Numbers assumes that you have the express consent of the children’s parents or legal representatives to use the Services.
Suppose a parent or a legal representative becomes aware that their represented minor has registered with us without express authorization. In that case, they should contact us using the information at the end of this page. We will delete such accounts from our files within five working days.
Happy Numbers warns persons holding parental authority, legal representatives, or teachers about the diversity and the nature of the content available on the internet, which might harm minors. So, parents, legal representatives, and teachers are encouraged to monitor children when they connect to the Website. Parents, legal representatives, and teachers shall determine what Services available on the Website minor children are allowed to use and monitor the use of the Services by the minor.
You agree to indemnify and hold Happy Numbers and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees harmless from any liabilities, losses, damages, claims, penalties, fines, costs, and expenses, including without limitation reasonable legal fees, that may arise in connection with: (i) your use of and access to the Website and Services, including without limitation any text, logo, graphic, image, video, music, or any multimedia file (the “Content”), as well as your connection to the Website; (ii) your, your children's, or third party's failure to comply with any provision of the ToS; or (iii) any claim by a third party that any other use of the Website by you or your children infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
6. Modifications to Services
Happy Numbers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and the Services (or any part thereof) with or without notice. You agree that Happy Numbers shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website. Although Happy Numbers will take reasonable care in ensuring the Content is up to date, any of the Content may be out of date at any given time, and Happy Numbers is under no obligation to update such Content.
Happy Numbers may add, delete, or change some or all of the Services. In that case, you will be notified by email of any changes and given the option to continue to use or terminate your account. You are responsible for paying all applicable taxes and for all hardware, software, service, and any other costs you incur to access your account.
7. Intellectual property
All Content and, more generally, every element displayed on or available through the Website, including Happy Printables, are the exclusive property of Happy Numbers or are used by Happy Numbers with the express permission of the copyright and/or trademark owner.
You acknowledge and agree that copyright, trademark, or other intellectual property rights infringement may result in legal action.
Happy Numbers grants you a limited, revocable, non-exclusive license to access the Website and Happy Printables to, as applicable, research, view, make legitimate inquiries or comments, and use Services and Happy Printables for personal purposes only, all in accordance with the ToS.
Any other use of the Website is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display, or derivative use of the Website nor any right to use data mining, robots, spiders, or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the preceding exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
8. Viruses, Hacking and Other Offences
You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs, or other malicious or technologically harmful material. You must refrain from attempting to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
You may commit a criminal offense in several jurisdictions by breaching this provision. Happy Numbers may report any such breach to the relevant law enforcement authorities, and Happy Numbers may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Happy Numbers will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may cause damage to your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A. YOUR USE OF THE WEBSITE, AND ANY FEEDS FROM IT, IS AT YOUR SOLE RISK. THE WEBSITE, AND ANY FEEDS FROM IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAPPY NUMBERS EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
B. HAPPY NUMBERS MAKES NO WARRANTY OR REPRESENTATION THAT (I) THE WEBSITE, OR ANY FEEDS FROM IT, WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE, OR ANY FEEDS FROM IT, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, CONTENT OR ANY FEEDS FROM IT, WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY FEEDS FROM IT, IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE, OR CONTAINED IN ANY FEEDS FROM IT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAPPY NUMBERS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS, AND HAPPY NUMBERS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS.
10. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HAPPY NUMBERS, UNLESS FRAUD OR GROSS NEGLIGENCE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAPPY NUMBERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE, NOTABLY BUT NOT LIMITED TO THE UNAUTHORIZED ACCESS AND / OR USE BY A MINOR CHILD; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (IV) RESULTS OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO, YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO.
12. Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Notices to you may be made via either email or by post at the relevant email or postal address provided by you to Happy Numbers from time to time. The Website may also provide notices of changes to the ToS or other matters by displaying notices or links to notices to you generally on the Website.
14. Copyrights and Copyright Agents
Happy Numbers respects the intellectual property of others. If you believe that any of your intellectual property rights have been infringed on the Website, please provide Happy Numbers using the contact information at the end of this page with the following information:
- a. an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant right which is allegedly infringed;
- b. a description of each work subject to the relevant rights that you claim have been infringed;
- c. a description of the Content that you claim is infringing and where that material is located on the Website;
- d. your address, telephone number, email address, and such other information as may be reasonably required by Happy Numbers to enable Happy Numbers to contact you;
- e. a statement by you that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law;
- f. a statement by you that the above information is accurate and that you are the rights owner or authorized to act on the rights owner's behalf.
15. General Information
These ToS constitute the entire agreement between you and Happy Numbers in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, or undertakings of any nature between you and Happy Numbers, whether oral or written, in relation to such subject matter. You may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
16. Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, a breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Your right to use our resources will immediately cease upon suspension or termination. We reserve the right to remove or delete any information you may have on file with us, including any account or login information.
17. Applicable Law and Jurisdiction
These ToS and all matters arising out of or relating to these ToS shall be governed by the substantive laws of the State of California, USA, without regard to principles of conflicts of laws thereof.
Any controversy, claim, or dispute between a user and Happy Numbers arising out of or in relation to these ToS shall be subject to the exclusive jurisdiction of the courts of the State of California, USA.