Terms of Use

Happy Neuron games and programs are brought to you by Happy Neuron, Inc. (“Happy Neuron”). Your use of Happy Neuron is subject at all times to our Terms of Service and our Privacy Policy. Your Happy Neuron member account (“Account”) and all of our games, activities and other services, regardless of when they are added to Happy Neuron, are governed by our Terms of Service.

Happy Neuron may update or revise the Terms of Service at any time. If we revise the Terms of Service, such revision shall be effective thirty (30) days after posting the new Terms of Service on Happy Neuron. You agree to review the Terms of Service periodically to become aware of such revisions. You can view the Terms of Service at any time by clicking on the Terms of Service link at the bottom of our happy-neuron.com home page. Your continued use of Happy Neuron thirty (30) days after a revised Terms of Service is posted on Happy Neuron will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Terms of Service, your only remedy is not to use Happy Neuron and to cancel your account(s.)

If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. You acknowledge that Happy Neuron is not required to provide you notice before terminating your Account, but it may choose to do so.

The Terms of Service constitutes the entire agreement between you and Happy Neuron regarding your rights and obligations in your use of Happy Neuron. If there is any conflict between the Terms of Service and any other rules or instructions posted on Happy Neuron, Happy Neuron shall resolve the conflict in its sole discretion. If you have questions about the Terms of Service, please contact us by sending an email to support@happy-neuron.com.

Happy Neuron ACCOUNT REGISTRATION

When you complete the Happy Neuron registration process, you create a Happy Neuron Account and become a Happy Neuron Member (“Member”). Your Account allows you to participate in certain games and activities on Happy Neuron. To create an Account, you must enter your email address and create a password. Your email address is your Happy Neuron identification. You may not provide false information during the registration process. You may not use an email address that is used by someone else, and your email address name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Happy Neuron Account.

You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your password to other users. Happy Neuron will not ask you to reveal your password or initiate any contact with you asking for your reminder words. You agree to indemnify and hold Happy Neuron harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join Happy Neuron again without our express permission. If you wish to re-join the service, please contact support@happy-neuron.com.

YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART

Happy Neuron reserves the right to change our fees or billing methods at any time and Happy Neuron will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on Happy Neuron and you are responsible for reviewing the News and Updates page of your account ('My Home') to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after posting of the changes on Happy Neuron means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Happy Neuron will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of our services is subject to use or sales tax, then Happy Neuron may also charge you for any such taxes, in addition to the subscription or other fees published.

PAYMENTS

Credit Card

You must use a credit card to pay for your subscription(s). Subscriptions paid by Credit Card will automatically renew, unless you affirmatively cancel your subscription. When you provide credit card information to Happy Neuron, you represent to Happy Neuron that you are the authorized user of the credit card that is used to pay the subscription fees. Each month that you have a Happy Neuron Account, you agree and reaffirm that Happy Neuron is authorized to charge your credit card for the subscription fee. You agree to promptly notify Happy Neuron of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Happy Neuron if your credit card expires or is canceled for any reason.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.

Trial Subscriptions

For some games and activities, we may offer a free trial subscription. If you accept a free trial subscription, we will begin to bill your Account for that game or activity when the free trial subscription expires, unless you cancel your subscription before that time; or if you agree to terms of any other promotion associated with that subscription. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using Happy Neuron, even when we offer a free trial subscription. Trial subscriptions may not be transferred at any time to any other user.

Fees Charged By Third-Party Sites And Vendors

We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Happy Neuron. Happy Neuron may also provide access to or through third-party vendors, who provide content, goods and or services on Happy Neuron, the Internet or via wireless. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

Termination Of Account

Happy Neuron and you both have the right to terminate or cancel your Account or a particular subscription at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Happy Neuron. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Terms of Service or Happy Neuron’s enforcement or application of this Agreement; (2) the Content available through Happy Neuron or any change in Content provided through Happy Neuron; (3) your ability to access and/or use Happy Neuron; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your Account or a particular subscription once logged-in by accessing the 'My Order History' page in the 'My Home' section. Happy Neuron reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular subscription. In the event that your Account or a particular subscription is terminated or canceled, no refund will be granted; and you will have no further access to your Account or anything within Happy Neuron associated with it.

Links to Third-Party Sites

Happy Neuron may include hyperlinks to web sites operated by parties other than Happy Neuron, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Happy Neuron does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

LIMITATIONS ON WARRANTY AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF HAPPY NEURON, Happy Neuron SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. HAPPY NEURON, Happy Neuron SOFTWARE, Happy Neuron’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Happy Neuron PROVIDES HAPPY NEURON ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE HAPPY NEURON AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Happy Neuron WILL HAVE ADEQUATE CAPACITY FOR HAPPY NEURON AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Happy Neuron OR ITS LICENSORS IS TO STOP USING HAPPY NEURON, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT Happy Neuron, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON HAPPY NEURON. IN NO CASE SHALL Happy Neuron OR ITS SUBSIDIARIES, LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "Happy Neuron AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Happy Neuron FOR HAPPY NEURON. IN NO CASE SHALL Happy Neuron OR Happy Neuron AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF HAPPY NEURON, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH Happy Neuron. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Happy Neuron’S AND Happy Neuron AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. Happy Neuron DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH Happy Neuron AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INDEMNIFICATION

Upon request by Happy Neuron, you agree to defend, indemnify and hold harmless Happy Neuron and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible. Happy Neuron reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Happy Neuron in that matter. This Section shall survive termination of this Agreement.

MEDICAL DISCLAIMER

Happy Neuron is not an attempt to practice medicine or provide specific medical advice, nor does use of this site establish a doctor-patient relationship. This site may also provide links to the web sites of other websites that provide health information that may be written by their respective staff, physicians or health care providers, or contracted from outside providers. These links to other web sites are provided for your convenience. Happy Neuron is not responsible for the availability, accuracy, or content of these outside sites, nor does it endorse them.

OTHER LEGAL TERMS

You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Happy Neuron Terms of Service and the Happy Neuron Privacy Policy, including Happy Neuron’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Happy Neuron or relating in any way to your Membership or your use of Happy Neuron resides in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving Happy Neuron or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

The product may contain Adobe Shockwave™ Player and Adobe Flash™ Player software by Adobe Systems Inc. All rights reserved. Adobe, Shockwave and Flash are trademarks of Adobe Systems Inc. All other trademarks are the property of their respective owners.