Terms and Conditions
These Terms and Conditions (“Terms”) are entered into by and between Mood Haven (“Mood Haven,” “we,” or “us”) and visitors and users of our site (“you” or “your”). These Terms and the Privacy Policy at https://www.themoodhaven.com/privacy-policy, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of https://www.themoodhaven.com/ and any related sub-domains herein (the “Site”), including any content, functionality and services offered on or through the Site, whether as a guest or a registered user. By accessing or using the Site or any services offered or materials available thereon, you, the user, are agreeing to be bound by the Terms, as well as any changes made thereto that Mood Haven may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms, do not access or use the Site. Mood Haven may change the Terms and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site constitutes your acceptance of the changes. Your access and use of the Site will be subject to the most current version of the Terms, rules and guidelines posted on the Site at the time of such use. Please regularly check the Terms to view the then-current terms. If you breach any of the Terms, your authorization to access or use the Site automatically terminates.
Please read the Terms before accessing or using the Site. If you do not want to agree to the Terms, you must not access or use the Site.
The Site
Mood Haven makes the Site and the Products, Materials, and Services available for your access, download, purchase and/or use, as applicable, and solely in connection with your activities on the Site and further subject to the Terms. “Materials” means all information, data, documents (e.g. datasheets, technical information publications, product updates, customer service updates, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, advertising materials, promotional materials, contest materials, pricing information and programs (including any information, advice or recommendations) made available or enabled via the Site by Mood Haven. “Services” means all services and resources offered, made available or enabled via the Site by Mood Haven, or third party service providers featured on the Site. “Products” means all products and goods offered, made available, advertised, sold or enabled via the Site by Mood Haven, or third party product providers featured on the Site. “Content Submission Portal” means all sub-domains of the Site where website visitors and users may upload content to be shared with Mood Haven.
Quality, Accuracy and Completeness
Mood Haven attempts to ensure that the Products, Materials, Services and other information featured on the Site are complete, accurate, and current. Despite these efforts, the Products, Materials, Services and other information contained on the Site may occasionally be inaccurate, incomplete, or out of date. The Products, Materials, Services, and any other information presented on or through the Site is made available solely for general information purposes. Mood Haven makes no representations as to the completeness or accuracy of the Products, Materials, Services, and other information, advice or recommendations made available on the Site, nor does it make any representations or warranties as to the quality or safety of any Products, Services, Materials or third party products or services offered or made available via the Site. Any reliance you place on such Products, Materials, Services, or other information is strictly at your own risk. Mood Haven disclaims all liability and responsibility arising from any reliance placed on such Products, Materials, Services, or other information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties. All statements and/or opinions expressed in this content are solely the opinions and the responsibility of the person or entity providing such content. These materials do not necessarily reflect the opinion of Mood Haven. Mood Haven is not responsible or liable to you or any third party for the content or accuracy of any content provided by any third parties.
Products, Services and Special Offers
Offers and promotions posted on the Site, or those sent to you by email or text message, are good only for the dates indicated. Offers, promotions, Products, Services, contests, and sweepstakes offered on the Site may not be available in every store or location in which Mood Haven products are offered.
Services Specifications
All features, content, specifications and prices of Products, Materials, and Services described or depicted on the Site are subject to change without notice. The inclusion of any Product or Service on the Site at a particular time does not imply or warrant that such Product or Service will be available at any time.
Intellectual Property
The Products, Materials and Services, and any other materials on the Site (including, without limitation, text, software, names, logos, trademarks, service marks, URLS, domain names, trade names, images, photos, illustrations, audio clips, video clips, and music) (collectively “Site Content”), as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the the same may violate intellectual property laws and the Terms. All usage rights in the Site Content are owned or licensed and controlled by Mood Haven, its licensors, or other providers of such Site Content. Except as expressly provided herein, Mood Haven does not grant any express or implied right to use the Site Content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site or Site Content. You may only continue to use the Site provided that you: (i) retain all copyright, trademark and propriety notices; (ii) make no modifications to the Site Content; (iii) do not use the Site Content in a manner that suggests an association with any of Mood Haven products, services, events or brands; and (iv) do not download quantities of Site Content to a database, server, or personal computer for reuse for commercial purposes. Neither may you distort or misrepresent any Site Content.
The trademarks, service marks, logos, product and service names, designs, slogans, URLs and domain names (collectively, the “Marks”) displayed on the Site are the property of Mood Haven, its licensors or other third parties. You are not permitted to use the Marks without the prior written consent of Mood Haven, its licensors or such third party that may own the Marks.
Registration on the Site
You must be a human to register. Accounts registered by “bots” or other automated methods are not permitted.
You must provide all of the information requested by Mood Haven in order to complete the registration process. Handling of such information will be conducted in accordance with the Mood Haven Privacy Policy; and you consent to all actions Mood Haven takes with respect to your information consistent with the Privacy Policy. You will also be required to create a username and password.
You are responsible for maintaining the security of your account and password. Mood Haven cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Site through your account).
One person or legal entity may not maintain more than one account. You are solely responsible for making all arrangements necessary for you to have access to the Site. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. To register for the Site, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Mood Haven immediately.
The Site is intended solely for users who are 13 years of age or older and it is a violation of these Terms for anyone under the age of 13 to register for the Site. You represent and warrant that you are 13 years old or older. You may not access the Site if you are under the age of 13, and your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to register for the Site and post content thereto.
In order to be eligible to register, you must meet the following requirements:
You must be a human to register. Accounts registered by “bots” or other automated methods are not permitted.
You must provide all of the information requested by Company in order to complete the registration process. Handling of such information will be conducted in accordance with the Company Privacy Policy, which can be found at http://www.Mood Haven.com/privacy-policy. You will also be required to create a username and password.
You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Site through your account).
One person or legal entity may not maintain more than one account.
Mood Haven has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Mood Haven, at any time in its sole discretion, for any or no reason, including if, in Mood Haven’s opinion, you have violated any provision of these Terms.
Product Orders and Purchases
If you wish to purchase any Product via the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Mood Haven the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf, and to otherwise handle such information in accordance with the Mood Haven Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any Product purchased from the Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner for your own internal use and not for resale. Mood Haven reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any Product. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Mood Haven’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of a Product has been confirmed; each order is subject to acceptance by Mood Haven. Mood Haven makes a conscientious effort to describe and display its Products accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, Product images, specifications, availability, and services. Mood Haven reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Except as otherwise set forth herein or provided by Mood Haven, the risk of loss for and title to Products purchased on the Site passes to the purchaser upon delivery to the carrier and full payment for the Products. If you are not fully satisfied with your purchase you may return it in accordance with Mood Haven’s Return Policy, which is incorporated into these Terms & Conditions in its entirety.
Use of Site, Products, Materials and Services
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to download, access or use the Site, Products, Services, and Materials. You must adhere to all limitations on dissemination, usage, and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Site only to access, purchase, download, utilize or receive Products, Materials, or the Services in an appropriate manner as related to the particular Products, Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Materials or Services, or ordering Products or Services, you agree that you shall not:
Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
Solicit any business from third party users of the Site;
Provide any false personal information, or create an account for anyone other than yourself;
Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining, or any other means;
(a) Select or use as a user name or any name of another person with the intent of impersonating that person,
(b) use as a user name any name subject to any rights of a person other than you without appropriate authorization, or
(c) use as a user name any name that is offensive, vulgar or obscene;
Remove or falsely add to any Materials any copyright, trademark or other legal or proprietary rights notices, author attributions, or other information such as origin or source of the Material;
Access or attempt to access any Materials that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services;
Use the Site, Products, Services, or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party;
Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Products, Services, Materials, or systems resources;
Transmit unsolicited or bulk communications to any Mood Haven affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Site;
Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable;
Disrupt, interfere with or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials, or Services;
Access or use the Site in any manner that could damage, disable, overburden, or impair any Mood Haven server or the network(s) connected to any Mood Haven server;
Violate any applicable laws or regulations related to the access to or use of the Site, Services, or any Materials or engage in any activity prohibited by the Terms;
Introduce any viruses, worms, logic bombs, Trojan horses or other material to the Site which is malicious or technologically harmful;
Prepare, compile, use, download, or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
Violate the rights of Mood Haven or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk, or threaten another;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
To impersonate or attempt to impersonate the Mood Haven, a Mood Haven employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
Use any Mood Haven domain name as a pseudonymous return e-mail address; or
Otherwise attempt to interfere with the proper working of the Site.
Mood Haven, in its sole discretion, may (but has no obligation to) monitor or review the Site, Products, Materials, and Services at any time. Mood Haven may at any time without notice and in its sole discretion: (i) terminate a Service or access to, purchase or use of any Products or Materials or an area of the Site; (ii) disclose any information related to your use of or access to a Service, Product or Material, as Mood Haven deems necessary to comply with applicable law, regulation, legal process or governmental request; and (iii) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. You agree to use extra care when disclosing any personally identifiable information about yourself or your Mood Haven on the Site.
YOU WAIVE AND HOLD MOOD HAVEN HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MOOD HAVEN DURING OR AS A RESULT OF MOOD HAVEN’S INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MOOD HAVEN OR LAW ENFORCEMENT AUTHORITIES.
User-Generated Content
In using Mood Haven’s Site, Services, Materials, and/or Content Submission Portal, you may upload, post, or submit to Mood Haven certain content, including, but not limited to, artwork, drawings, photos or videos related to projects you have completed or other works you have created or are creating using Mood Haven products and services (collectively, “User Content”). Such User Content also includes any text, photos, or videos contained within Customer Reviews that you submit on Mood Haven’s Site.
Mood Haven acknowledges and agrees that you retain all right, title, and interest in and to your User Content, including all intellectual property rights therein, except for those rights granted to Mood Haven herein.
You hereby grant to Mood Haven an irrevocable, worldwide, non-exclusive, transferable, sublicensable, and royalty-free license to use, publicly display, reproduce, publicly perform, distribute, modify, and create derivative works based upon, the User Content for commercial and noncommercial purposes, including, but not limited to, marketing, promoting and advertising the Mood Haven brand, products and services. You acknowledge and agree that Mood Haven may use your User Content in any and all media now known or hereafter created, including, but not limited to, posts to Mood Haven’s social media accounts, posts to the Mood Haven Blog on Mood Haven’s Site, and promotional emails to Mood Haven’s prospective and actual customers.
To the extent that you, your name, image, likeness, photograph, and/or another identifying characteristic of your persona (“Your Likeness”) appears in any User Content that you upload, post or submit to Mood Haven, you hereby grant to Mood Haven a worldwide, non-exclusive, transferable, sublicensable, and royalty-free license to use and publish Your Likeness, as it appears in the User Content, for commercial and noncommercial purposes, including to market, promote and advertise the Mood Haven brand, products and services. You hereby waive any right to receive any compensation, royalty, or fee for any use by Mood Haven of Your Likeness under this Agreement.
Mood Haven may use, but is under no obligation to use, any User Content or Your Likeness.
You represent and warrant to Mood Haven that: (a) you own or have the necessary rights to license to Mood Haven Your Likeness and User Content; (b) Mood Haven’s use of the User Content, as contemplated by this Agreement, will not infringe, misappropriate, or violate any third party’s intellectual property rights, rights of publicity or privacy, moral rights, or any applicable law or regulation; and (c) you have obtained the appropriate licenses, permissions, and/or releases from all individuals (or their parents or legal guardians, if such individuals are under the age of majority in their state of residence) whose name, image, photograph, likeness and/or other identifying characteristics appear in your User Content.
You will indemnify, defend and hold Mood Haven harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to: (a) breach of any of your representations and warranties in this Agreement; or (b) any third-party claim that the User Content, or Mood Haven’s use thereof, infringes upon, misappropriates or violates such third party’s intellectual property rights, right of publicity, or other third party rights.
You hereby release and agree to hold harmless Mood Haven from any and all claims, liabilities, and demands resulting from, or in any way connected to Mood Haven’s use of User Content and Your Likeness, including, without limitation, any claims under any federal, state, or local statutory or common laws, including claims for libel, defamation or other violations of an individual’s right of privacy.
Copyright Infringement Complaints
We respect the Intellectual Property Rights of others and we prohibit users from posting on the Site any content that violates another party's Intellectual Property Rights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the Site, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Mood Haven legally sufficient notice of infringement.
We suggest that you consult your legal advisor before filing a DMCA notice with Mood Haven’s copyright agent. There can be penalties for false claims under the DMCA.
Use of Materials
Except as indicated to the contrary elsewhere on the Site, you may view, download, and print the Materials available on the Site for your internal use and not for resale or distribution, subject to the following conditions:
You will not quote or display Materials, or any portions thereof, out of context.
Mood Haven reserves the right to revoke the authorization to view, download and print the Materials available via the Site at any time, and any such use shall be discontinued immediately upon notice from Mood Haven.
Use of Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
You will not use the Material in any way that infringes the owner’s or any other third party’s rights in and to such Materials.
The rights specified above to view, download and print Materials available on the Site are not applicable to the design, layout, or look and feel of the Site. Such elements are protected by law, including trade dress, trademark, copyright, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound, video, or image from the Site may be copied or retransmitted unless expressly permitted by Mood Haven. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
Restriction and Termination of Use
Mood Haven may withdraw, amend, block, restrict, disable, suspend, or terminate your access to all or part of the Site, Products, Services, Content Submission Portal, and Materials at any time in Mood Haven’s sole discretion, without prior notice or liability to you.
Links to Third Party Sites
The Site, Services, or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by Mood Haven to you as a convenience and the inclusion of the links do not imply any endorsement by Mood Haven of any Linked Site. Mood Haven has no control of the Linked Sites and you therefore acknowledge and agree that Mood Haven is not responsible for the contents of any Linked Site, any link contained in a Linked Site, any changes or updates to a Linked Site, or any loss or damage that may arise from your use of them. You further acknowledge and agree that Mood Haven is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site. If you decide to access any of the Linked Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Warranties and Disclaimers
THE SITE, PRODUCTS, SERVICES, MATERIALS, AND CONTENT SUBMISSION PORTAL ARE PROVIDED BY MOOD HAVEN “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MOOD HAVEN MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY OR SAFETY OF THE SITE, OR ANY PRODUCTS, SERVICES, MATERIALS, OR CONTENT SUBMISSION PORTAL OR THAT (i) THE SITE, PRODUCTS, SERVICES, MATERIALS, OR CONTENT SUBMISSION PORTAL WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, PRODUCTS, SERVICES, MATERIALS, OR CONTENT SUBMISSION PORTAL WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS, SERVICES, MATERIALS, OR CONTENT SUBMISSION PORTAL WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE, OR ANY PRODUCTS, MATERIALS, SERVICES, OR CONTENT SUBMISSION PORTAL PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS OR DEFECTS IN THE SITE, PRODUCTS, SERVICES, MATERIALS, OR CONTENT SUBMISSION PORTAL WILL BE CORRECTED.
THE SITE, PRODUCTS, MATERIALS, SERVICES, AND CONTENT SUBMISSION PORTAL MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. MOOD HAVEN MAY MAKE CHANGES TO THE SITE, PRODUCTS, MATERIALS, SERVICES, OR CONTENT SUBMISSION PORTAL AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, PRODUCTS, MATERIALS SERVICES, OR CONTENT SUBMISSION PORTAL MAY BE OUT OF DATE, AND MOOD HAVEN MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS, PRODUCTS, SERVICES, OR CONTENT SUBMISSION PORTAL.
YOU ACKNOWLEDGE AND AGREE THAT: (i) MOOD HAVEN DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS, MATERIALS, SERVICES, OR CONTENT SUBMISSION PORTALS OFFERED BY THIRD PARTIES; (ii) MOOD HAVEN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SUCH THIRD PARTIES, THEIR PRODUCTS, MATERIALS, SERVICES, OR CONTENT SUBMISSION PORTALS; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) MOOD HAVEN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PRODUCT, MATERIALS, SERVICES, OR CONTENT SUBMISSION PORTALS OFFERED BY THIRD PARTIES.
MOOD HAVEN DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY DAMAGES, PERSONAL INJURY OR OTHER HARM THAT MAY BE CAUSED BY YOUR RELIANCE ON ANY ADVICE, SUGGESTIONS, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED ON THE SITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM YOUR FIRST USE OF THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL MOOD HAVEN, ITS DIVISIONS, SUBSIDIARIES AND AFFILIATES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF MOOD HAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS, CONSUMPTION, OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SITE, PRODUCTS, SERVICES, MATERIALS, OR CONTENT SUBMISSIONS PORTAL; (ii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iii) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (iv) ANY PRODUCTS OR SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (v) ANY WEBSITE REFERENCED OR LINKED TO FROM THE SITE; (vi) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; (vii) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE, CONTENT SUBMISSION PORTAL, OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE; (viii) FAILURE OF THE SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED; OR (ix) ERROR ON THE SITE; OMISSION ON THE SITE; INTERRUPTION OF AVAILABILITY OF THE SITE; DEFECT ON THE SITE; DELAY IN OPERATION OR TRANSMISSION OF THE SITE; COMPUTER VIRUS OR LIKE FAILURE; OR DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY.
MOOD HAVEN IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW MOOD HAVEN TO LIMIT OR EXCLUDE LIABILITY FOR “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, MOOD HAVEN’S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR WHETHER CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, IF ANYTHING, TO ACCESS THE SITE.
Advertisements and Promotions
Mood Haven may run advertisements and promotions from third parties via the Site related to certain Products, Services, or Materials, in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services, Content Submission Portal, or Materials, including payment and delivery of Products and related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Mood Haven is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Mood Haven advertisers on the Site or in connection with the Products, Services or Materials.
Indemnification
You agree to defend, indemnify, and hold harmless Mood Haven, its divisions, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms or your use of the Site, any use of the Site's content, Services, Products, Content Submission Portal, or Materials other than as expressly authorized in these Terms, your use of any information, Products, or Materials obtained from or through the Site, your infringement of any third party’s Intellectual Property Rights, your violation of any rights of any third party, your access to or use of Linked Sites and your connections thereto, or any dealings between you and any third parties advertising or promoting via the Site, Products, Services, or Materials.
Governing Law and Jurisdiction
The Site (excluding Linked Sites) is controlled by Mood Haven from its offices within the State of Nebraska, United States of America. By accessing the Site, you agree that all matters relating to your access to, or use of, the Site shall be governed by the statutes and laws of the State of Nebraska without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Douglas County, Nebraska, with respect to such matters. If you use the Site from locations outside of the United States, you are responsible for compliance with any applicable local laws. To the extent you have in any manner violated or threatened to violate Mood Haven’s intellectual property rights, Mood Haven may seek injunctive or other appropriate relief.
General
The Terms and other rules, guidelines and disclaimers posted via the Site, or in connection with the Products, Materials and Services constitute the entire agreement between Mood Haven and you with respect to your access to or use of the Site, Products, Materials and Services, superseding any prior agreements between you and Mood Haven on such subject matter (including any prior versions of the Terms). You may also be subject to additional terms and conditions that may apply when you use other Mood Haven products, services, third party content or third party software. You may not assign or otherwise transfer the Terms nor any right granted hereunder without Mood Haven’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by Mood Haven to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Visiting the Site, sending Mood Haven emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications Mood Haven provides to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY MOOD HAVEN OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.