Web Site Terms and Conditions of Use of Breathing Happy
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Rules of Use
Breathing Happy requires those submitting articles who live outside of the United States to choose PayPal as their payment method. All bloggers must be at least 18 years of age. By agreeing to these Terms & Conditions of Use and submitting articles to the site you are also agreeing that you meet these requirements. Breathing Happy insists that any material placed upon or within this site be original and have been created by the submitter. Breathing Happy also insists any material placed upon or within this site be respectful and considerate. Any material that in the opinion of and sole discretion of Breathing Happy is considered to not comply with this basic requirement may be removed or modified from the site. No compensation will be proffered for any removed articles. Breathing Happy retains the right to terminate accounts for any reason. The actions most likely to lead to termination of an account are the posting of plagiarized material, the posting of inappropriate or hateful material, the posting of consistently of low-quality material, and being hateful or disrespectful while commenting on the posts of others. Breathing Happy retains exclusive online rights to the blog posts, which means that Breathing Happy has the right, title and license to use all posted material online. However, the author of each post retains offline rights to the articles they submit and they may be used in future books, magazines, trade journals, or similar publications. In this event, Breathing Happy requires the following text to appear somewhere in proximity to the article, “This article originally appeared on breathinghappy.com”.
The materials on Breathing Happy’s web site are provided “as is”. Breathing Happy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Breathing Happy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Breathing Happy or its suppliers, advertisers and sponsors be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, nor for physical injury, property damage or other losses, inconveniences or disruptions) arising out of the use or inability to use the materials on Breathing Happy’s Internet site, even if Breathing Happy or a Breathing Happy authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Breathing Happy’s web site could include technical, typographical, or photographic errors. Breathing Happy does not warrant that any of the materials on its web site are accurate, complete, or current. Breathing Happy may make changes to the materials contained on its web site at any time without notice. Breathing Happy does not, however, make any commitment to update the materials.
Breathing Happy has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Breathing Happy of the site. Use of any such linked web site is at the user’s own risk.
7. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on Breathing Happy’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Breathing Happy’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Breathing Happy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
9. Governing Law
Any claim relating to Breathing Happy’s web site shall be governed by the laws of the State of Iowa without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
10. Digital Millennium Copyright Act
Breathing Happy respects the intellectual property rights of others and expects users to do the same. Pursuant to 17 U.S.C 512(c)(3) (Digital Millennium Copyright Act of 1998), Breathing Happy’s designated agent for notice of alleged copyright infringement is:
PO Box 1314
New York, NY, 10150
To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website, http://www.copyright.gov/legislation/pl105-304.pdf (visited February 26, 2014). Those accused of copyright infringement are informed that repeated violation could be permanently suspended result in permanent suspension from the Site. Our DMCA contact information can also be found on the Copyright Office’s Directory of Service Provider Agents for Notification of Claims of Infringement.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.