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Terms of Use

All uses of Happy Hen Toys, Ltd. (www.HappyHenToys.com) website (“Website”) and its Contents are subject to the following terms and conditions of use (“Terms of Use”). By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as well as the Happy Hen Toys, Ltd. Privacy Policy (“Privacy Policy”) and Happy Hen Toys, Ltd. Policies, which are hereby incorporated into these Terms of Use. The term "Happy Hen Toys" is used interchangeably with "Happy Hen Toys, Ltd." and when used refers to Happy Hen Toys, Ltd.

Happy Hen Toys, Ltd. reserves the right to make changes to the Terms of Use, Privacy Policy, Contents, and Website at any time without prior notice. Charges are effective immediately upon posting of the modified text on the website. Your continued use of this Website signifies your continuing consent to be bound by these Terms of Use and the Privacy Policy. You should review the Terms of Use periodically to stay informed of changes that may affect you.

Children under the age of 18 are not permitted to use this Website. Children under the age of 18 are not permitted to purchase product from this Website. No information should be submitted to this Website by anyone under the age of 18. No information concerning children under the age of 18 should be submitted to this Website.

All contents of this Website are © (Copyright) Happy Hen Toys, Ltd. or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Happy Hen Toys, Ltd. and are either registered trademarks, trademarks or otherwise protected intellectual property of Happy Hen Toys, Ltd. or third parties in the United States and/or other countries. If you are aware of a potential infringement of our intellectual property, please contact Kevin Stettler at service@happyhentoys.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Happy Hen Toys, Ltd.
Kevin Stettler
service@happyhentoys.com
3178005853
5335 N. Tacoma Ave #22
Indianapolis, IN 46220
UNITED STATES

Happy Hen Toys, Ltd. grants you a limited license to access and make personal use of this Website and its contents. Any modification or use of this content constitutes an infringement of Happy Hen Toys, Ltd. intellectual property rights. Other than as required to facilitate your personal use, you may not reproduce, create derivative works from, republish, transmit or distribute any content from this site without the prior written permission of Happy Hen Toys, Ltd.

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Happy Hen Toys, Ltd. or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
For your convenience, hyperlinks to other websites may be provided on this Website. Happy Hen Toys, Ltd. does not sponsor or endorse these websites. You acknowledge and agree that Happy Hen Toys, Ltd. is not responsible for, and has no liability with respect to, the availability of such sites, the treatment of your personally-identifiable information by such sites, or the information and products on or available from such sites.

You agree to indemnify, defend and hold Happy Hen Toys, Ltd. its affiliates, contractors, suppliers, partners, owners, management, employees and agents (collectively “Happy Hen Toys et al.”) harmless from and against all claims, demands, suits, or other proceedings and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), due to or arising out of your access to and use of this Website.

This Website was created and is operated under the laws of the State of Indiana. Governing law, severability, dispute resolution and venue.

These Terms shall be governed and construed in accordance with the laws of the state of Indiana, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Marion County, Indiana. YOU AND HAPPY HEN TOYS, LTD. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Happy Hen Toys et al, shall not be liable shall to you for any loss, cost, damage, or injury arising out of or in connection with (a) your use of or reliance on (or inability to use) this Website, or (b) your purchase and use of any goods or services provided by Happy Hen Toys et al. through this Website.

Happy Hen Toys, Ltd. attempts to be as accurate as possible with this Website. Notwithstanding, this Website is provided on an "AS IS," "AS AVAILABLE BASIS," without representations or warranties of any kind. Happy Hen Toys et al. makes no representations or warranties, whether express or implied, with respect to this Website or its use of, including, but not limited to, warranties regarding the accuracy, completeness, currency, or availability of this Website, and warranties of merchantability and fitness for a particular purpose. Happy Hen Toys, Ltd. reserves the right to cancel any order at its sole discretion. If a product offered by Happy Hen Toys, Ltd. is not as described, your sole solution is to return it to Happy Hen Toys, Ltd. in compliance with Happy Hen Toys, Ltd. return policy.

Under no circumstances shall Happy Hen Toys et al. be liable to you or any third party for any direct, indirect, consequential, incidental, punitive, special or similar damages or costs. If Happy Hen Toys et al. is found liable to you or any third part for any claims or matters arising under or in connection with this agreement, their aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed $100. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so certain of the above limitations may not apply to you.

You agree that these Terms of Use and any operating rules posted on this Website describe the entire agreement between us with respect to their subject matter. You may not assign any of your rights, obligations or privileges under these Terms of Use without the prior, written consent of Happy Hen Toys, Ltd. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect. You agree that, regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to this Website or these Terms of Use more than one (1) year after such claim or cause of action arose.

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

IN NO EVENT SHALL HAPPY HEN TOYS, LTD. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF HAPPY HEN TOYS, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF HAPPY HEN TOYS, LTD.. THE AGGREGATE LIABILITY OF HAPPY HEN TOYS, LTD.. ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY HAPPY HEN TOYS, LTD. BY YOU.

You agree to be bound by these Terms of Use and the Happy Hen Toys, Ltd. Privacy Policy referenced herein. We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.


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