We must admit, we dislike ‘legalese’ as we believe just and fair behavior should be the benchmark to determine what can and what cannot be done. However, we know different people have different views on this, hence this document to clarify things better.
These terms and conditions govern your use of the Happonomy site and its derivative online entities like apps. By using this website or app, you accept these terms and conditions in full. If you don’t agree with these terms or any part of them, please don’t use any of our sites or apps.
Unless otherwise stated, Happonomy owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. That being said, we do grant a very open license to the content that was created.
First, make a difference to articles and creative items (pictures, video’s, audio…). There is a rule and an exception to the rule for each of these categories.
The Rule: you may view, download and copy articles or parts of articles from the website for your own personal use and educational purposes. Commercial reprinting (that is reprinting by companies or by non-profits aiming to ask money for this content) isn’t allowed before written permission from our side.
The exception: if the author of the article decides to deviate from these terms – generally by making these more strict – this will be indicated at the bottom of the article.
The Rule: We operate under a creative commons license which enables you to share, copy and redistribute the material in any medium or format. You can also remix, transform, and build upon the materials. You may not use the material for commercial purposes unless you previously have an agreement in writing from us.
If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original. You must give appropriate credit and indicate if changes were made, mention the original. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
We do impose one limitation to the absolute free remixing of items. These remixes should be respectful of other people and build on a generally positive worldview. If we deem items to be insulting, we keep the right to ask you to remove that item. It is not our goal at all to censor things. We do want to ensure that the core idea of Happonomy stays clear and pure.
The exception: If other than the above license is applicable, this will be mentioned next to the creative item.
We realise privacy means a lot for one person and nothing for another. That’s why we strive to provide a maximum of levers for you to determine what we can use and what we cannot.
Our goal is to help you as much as possible to support you in the needs you are experiencing, hence we do require to get to know you, if we want to do a good job. We’re a non-profit, so we don’t have the need to make money out of you or your data in the first place.
So, it’s up to you how much you want to trust us. We realise trust is a fragile thing and we’ll do our utmost best to not break it.
You can count on us:
– To not sell, rent your data.
– To not share your data without your explicit consent.
– To protect the data you share with us to the best of our capabilities.
– To remove all of your data permanently if you request this (e-mail us at firstname.lastname@example.org), so no hidden storages, no hard
– To only use and enrich your data if it is directly useful to the quality of the service we can offer to you. The service, being the possibility to better support you in the needs as defined in our Happonomy model.
– To inform you if you have any question whatsoever (e-mail us at email@example.com)
Stating the obvious here…
You must not use the Happonomy website or application(s) in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent.
Access to certain areas of this website is restricted. Happonomy reserves the right to restrict access to areas of this website, or indeed this entire website, at our discretion.
Happonomy may disable your user ID and password in our sole discretion without notice or explanation inbeforehand. We will strive to provide you with more context afterwards, in case this should happen.
Submission of own content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Happonomy a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Happonomy the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Happonomy or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Happonomy reserves the right to edit, not publish or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website. That being said, we will not randomly remove your content.
This website is provided “as is” without any representations or warranties, express or implied. Happonomy makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Happonomy does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, please do us and yourself a favour and consult an appropriate professional.
Limitations of liability
Happonomy will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if Happonomy has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website or any apps.
You accept that, as a limited liability entity, Happonomy has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Happonomy officers or employees in respect of any losses you suffer in connection with the website or apps.
You agree that the limitations of warranties and liability set out in this website disclaimer will protect Happonomy officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Happonomy.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Happonomy and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Happonomy other rights under these terms and conditions, if you breach these terms and conditions in any way, Happonomy may take such action as Happonomy deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Belgian Law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Leuven.
Happonomy is registered in Leuven Belgium, under registration number BE842.641.077
Happonomy registered address is Sluisstraat 79, 3000 Leuven
You can contact Happonomy by email to firstname.lastname@example.org
This document was created using a Contractology template available at www.freenetlaw.com with some modifications to it.
A final word
All the above can be summarised in a simple phrase: stay positive, respectful and honest. You can expect the same of us. After all, what’s the point of Happonomy if we cannot get that right…