HERBS & HAPPINESS Terms of Service
License and Use Conditions; Community Code of Conduct
Newsletter sign up and Contact page.
Disclaimer and limitation of liability.
Governing law and jurisdiction.
Dated 24th of November 2020
PLEASE FAMILIARIZE YOURSELF WITH THESE TERMS OF SERVICE BEFORE CONTINUING.
Welcome to HERBS & HAPPINESS. I/ we produce written content, photographic content and videos for websites and social media platforms including but not limited to the website www.herbsandhappiness.com and its associated newsletter; YouTube; Instagram and Facebook pages.
These terms and conditions (Collectively known as the “Terms” or “Agreement”) define your rights and obligations related to usage of our content, photographic content and videos for websites and social media platforms including but not limited to the website www.herbsandhappiness.com and its associated newsletter; YouTube; Instagram and Facebook pages as well as any of our events, workshops or promotions.
By using our Services, you agree to be bound by the terms of this Agreement. In so doing you confirm that you are an adult of legal age; you understand this agreement and accept its terms and you are legally and financially responsible for all actions associated with using or accessing the Services. You represent that you are 18 years old or older and that all the information you submit is correct.
By accepting and agreeing to this Agreement, you are also agreeing to all terms of service and use, legal requirements, privacy policies and any other agreements, terms and conditions etc. of the third-party platforms used to access, download, store and/ or use our services. Please review the terms, policies and agreements of those third-party platforms.
We will notify you via e-mail if we modify our Terms. This will give you the opportunity to terminate the use of our services. If you continue to use the services, you will be bound by the modified Terms.
If you breach these Terms, we may take action against you, including, but not limited to terminating your account and/ or disabling your access to our Services. We are under no obligation to, and will not reimburse or refund you for services, purchases or downloads lost due to involuntary suspension or termination of your account.
Licensing and Copyright
HERBS & HAPPINESS grants you the individual right to download, play, listen to and watch our Content solely for your personal use within the Services, collectively the” License”. “Content” means the audio, video, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications; interactive features, works of authorship of any kind, or other materials generated or otherwise made available through the Services.
Your right to use our content are granted under license and subject to your full compliance with our Terms. This content is licensed, not sold to you. As such you have no title or ownership of the Content.
HERBS & HAPPINESS retains all right, title and interest to the Content, including but not limited to all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio and video files, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works and moral rights. HERBS & HAPPINESS has the right to remove content from its platforms at any time and for any reason. The Content is protected under EU copyright and trademark law and international intellectual property laws and treaties.
All rights in product names, trade names, logos, service marks, trade dress, slogfans, product packaging and design of our Content and Services in any format or on any platform belong exclusively to us or our licensors and are protected from reproduction, imitation, dilution, or confusing or misleading use under EU and international trademark and copyright laws. The Content may not be used or modified in any way without prior written consent from HERBS & HAPPINESS. All rights not expressly granted under this Agreement are reserved for HERBS & HAPPINESS.
License and Use Conditions; Community Code of Conduct
You agree that you are responsible for your own conduct while using our Services and/or accessing our Content, and for any consequences thereof. You may not do or attempt to do any of the following with respect to the Services, Content or any parts thereof:
- Use the Services, content or any parts thereof commercially or promotionally;
- Distribute, lease, license, re-sell, rent, display, transfer or use out Content in any way not expressly authorised by the Terms;
- Copy the Content or any part there of or otherwise make it available on a network of for download use;
- Modify or delete any portion of the Content or audio-visual files connected with it;
- Use the Services or Content or any parts thereof to promote or endorse any third-party causes, ideas, websites, products or services;
- Re-produce, edit, re-transmit; redistribute or in any way re-purpose the content or any audio-video files made available therein;
- Remove, disable, circumvent or modify any proprietary notice or label or security technology included in the Content; or any technological measure implemented to protect the Content or Services;
- Use the Service, Content or any parts thereof to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity or privacy rights;
- Discriminate or make discriminatory comments in any form or manner, including and without limitation to race, gender, religion, identity, age, disability, ethnic origin or sexual orientation when using our Services;
- Disparage, defame, name-call or engage in any form of intimidation against another user, including swearing , offensive or inappropriate language, offensive or insensitive remarks of any kind whilst using our Services
- Make or post any sexually explicit remarks or images, sexual misconduct including but not limited to sexual innuendo, sharing sexually explicit content, making inappropriate or offensive advances or comments to other users when using our Services;
- Reveal personally identifying information of other users or infringe on the privacy of other users when using our Services;
- Harassing, spamming, stalking or making any other inappropriate comments or actions towards other users when using our Services;
- Violating any applicable law or regulation or
- Encouraging or enabling any other individual to do any of the above.
We reserve the right to discontinue providing our Services or any part thereof, and to require you to cease accessing or using them at any time and for any reason, including and without limitation if you violate the Code of Conduct in any way.
You agree that you use our Services at your own risk, and that you will not use the Services to violate any applicable law, regulations, policies or instructions as outlined in these Terms. You agree not to encourage or enable any other party to do so.
You acknowledge and agree to follow the advice in our disclaimer (link).
You understand and acknowledge that there are risks involved in preparing and using herbs and any related materials and that certain medical conditions may be aggravated by the use of certain herbs and other ingredients. You assume responsibility for any and all risk and danger associated with the use of our content and the way you interpret and use the information provided by HERBS & HAPPINESS. You agree to consult your medical advisor or health specialist before using any of the ingredients or information presented in our content for yourself or anyone else. HERBS & HAPPINESS will not be responsible or liable in any way for any injury, reactions or side-affects arising from the use of our Content. You personally assume all risks and responsibilities for your own actions, safety, health, well-being and any complications or injuries which may arise when using herbs and cooking.
Under no circumstances and under no legal theory, claim or otherwise shall Herbs & HAPPINESS or any associated organisation be liable to you or any other person for any indirect, special, incidental damages, loss of income or profits, loss of goodwill, work or any other damages arising for the use of our Content, Services or any part thereof.
Similarly, you release Herbs & HAPPINESS from any association with a claim in a dispute with a third-party relating to your use of our Services and Content.
User Comments and Feedback
We and our Services may offer various opportunities to interact and share your opinions and thoughts with other users via online and offline community initiatives. The views and opinions expressed in such online or offline initiatives do not reflect the views or opinions of HERBS & HAPPINESS. We do not review or edit user comments. We do however reserve the right to delete comments without notice to you.
We may from time to time share or redistribute user comments publicly on our website, in our content or through other media or social media channels, press releases, promotional and marketing materials. You hereby grant us non-exclusive perpetual and irrevocable rights and license to use your comments in connection with our services.
Similarly, if you provide us with feedback, you hereby grant us a non-exclusive, fully paid, royalty free, world-wide perpetual, irrevocable, sublicensable, transferable and assignable license to use, distribute, modify, and adapt your feedback in connection with our Services. “Feedback” includes suggestions, comments, ideas and all other information that you provide, publish or otherwise communicate directly or indirectly to us that relates to our Content and/or Services.
Newsletter sign up and Contact page
In order to sign up for our newsletter you voluntarily provide us with your e-mail address. To submit a message via our Contact page, you submit your name and e-mail address. You need to be over 18 years of age to use these facilities and you may not impersonate another person. You agree to provide true and accurate information.
You will immediately notify us of any unauthorised use of these details or any other breach of security. We may reject the use of any username or e-mail address for any reason and at our sole discretion. If any information you provide, or if we have reasonable grounds to suspect that that any information you provide is false, inaccurate or violates these Terms or any applicable law, then we may suspend or terminate your account.
We reserve a broad and general right to terminate your account, suspend or deny access to it or its benefits at our sole discretion, for any reason and without advance notice or liability.
We will not be liable for loss or damage (of any kind or under any legal theory) to you or a third party arising from your inability or failure to comply with the above obligations.
Disclaimer and limitation of liability
All information, content, services and materials provided via HERBS & HAPPINESS is done on an “as is” basis. To the full extent permissible by law, we disclaim any and all warranties and representations, express or implied, including any warranty of health. HERBS & HAPPINESS does not warrant or make any representations concerning the accuracy, likely results or reliability of the use of the videos or any other HERBS & HAPPINESS materials, online or otherwise or those of third parties linked to us.
HERBS & HAPPINESS is not responsible for any problems encountered in using the Service nor for any performance or service problems caused by a third-party website or third-party service provider. Any such problems will be solved between you and the relevant service provider (for example, your internet service provider, software updates or payment services)
Your use of the Services and Content is at your own risk. We do not guarantee that your access to it will be timely, secure, uninterrupted or defect-free. Nor can we assume any responsibility for this, financially or otherwise.
You agree to indemnify HERBS & HAPPINESS and its affiliate in the broadest sense from all claims, demands, losses, liabilities and expenses that arise from or in connection with any claim that, if true, would constitute a breach by you of this Agreement or negligence by you or an act or omission by you in using the Services or Content. You agree to imburse HERBS & HAPPINESS on demand for any defence costs it incurs, any payments made or loss suffered by HERBS & HAPPINESS whether in a court judgement or settlement based on any matter listed above.
We reserve the right to terminate your right to access and use our Services and/or Content if you violate these Terms or any terms or policies referenced herein, or if you create risk or possible legal exposure for us.
Governing law and jurisdiction
This agreement shall be construed and enforced in accordance with the governing laws of The Netherlands. You agree to waive any jurisdictional, venue or inconvenient forum objections to such courts.
Links to third-party sites
We respect the copyright of others and to the best of our knowledge do not infringe upon it. If you believe that we have infringed upon your copyright, please provide the following information to us in writing:
- A physical or electronic signature of the person authorised to act on behalf of the copyright owner
- A description of the material you claim to be infringing
- A clear and specific request of what material you would like to de removed and where it is located within our content or services e.g. the URL
- Information so that we can contact you: name, address, telephone number and e-mail address
- A statement that you (the complainant) have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, it’s agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
If you believe that we improperly removed or disabled content or materials you posted, submitted or uploaded to our Services, please provide the following to us in order to deal with the matter correctly:
- Your physical or electronic signature
- A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your name, address, e-mail address and telephone number
Amendments to this agreement
You may not sign, transfer, charge or sub-contract all or any of your obligations under this Agreement. Any attempt to do so will be null and void.
We, however, may at any time, assign, transfer, charge or sub-contract all or any of our rights and obligations under this Agreement.
Our Services are controlled and operated by us from within the European Union and intended for use by EU citizens. Those who chose to access our Content and Services from outside of the EU do so of their own initiative and are responsible for compliance with local laws in their own country.
You may not use, export or re-export any content downloaded from our Services or any copy or adaptation of such content, in violation of applicable laws or regulations, including and without limitation European Union export laws and regulations.
Who may use our Services?
Failure by HERBS&HAPPINESS to enforce any provisions of this Agreement or a related agreement shall not be construed as a waiver of such a provision or our right to enforce such a provision. No waiver or any term of condition thereof shall be valid or binding on us unless it has been set forth in writing, specifically referring to this Agreement and signed by us.
This Agreement sets forth the entire Agreement between you and us with respect to the subject matter thereof. It supersedes and replaces any and every other agreement, understanding or negotiation that may have existed between you and us to the extent that any such agreement relates to the subject matter hereof.
If, but only to the extent that any provision of this Agreement is declared or found to be illegal, unenforceable or void, then the parties shall be relieved of all obligations arising under that provision. It is the intention that this Agreement will be deemed amended by modifying the provision to the extent necessary to make it legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
HERBS&HAPPINESS shall have the right to assign this Agreement and all or any part of our rights hereunder to any person or organisation. This Agreement shall be binding upon and inure to the benefit of our successors, licensees and assigns. This Agreement, its associated rights and obligations hereunder may not be assigned to you.
Via e-mail: firstname.lastname@example.org or via regular mail: HERBS&HAPPINESS, P.O.BOX 3264, 3760DG, Soest, The Netherlands