Terms of Use

Last revised: 14 May 2024.

1. General provisions

0.1. IHAPPY is a dating App designed as a forum for meeting new people, a place to have discussions and to share photos, news and information. 

The Terms of use constitute a binding legal agreement between you as the Client (hereafter “Client”) and IHAPPY. References in this Terms of Use to “IHAPPY”, “Service”, “App” refer to the App, available at www.ihappydate.com, operated by FlintCast sro, a company incorporated in Czech Republic under registration number 074 75 608 having principle place of business at: Roháčova 145/14, Žižkov, 130 00 Prague 3 Czech Republic. 

The use of the functionality of the App is allowed only after Client’s registration and authorization with the Service in accordance with the procedure established by these Terms. Authorization is carried out by introducing a unique pair of login and password.

These Terms of Use apply whenever the Client uses the App, whether or not Client has chosen to register with IHAPPY. Consequently, it is advised that the Client acknowledge these Terms of Use. 

By accessing, using, registering for or receiving services offered by IHAPPY the Client accepts and agrees to be bound by this Terms of Use, Privacy Policy and any other policies implemented by IHAPPY. If you do not accept and agree to be bound by these Terms of Use, please do not use (or stop to use) the Service.

0.2. IHAPPY reserves the right to amend this Terms of Use. Amendments to these Terms of Use may be done for a variety of reasons including reflection of changes in the governing law, new features, or changes in business practices and processes. Therefore, it is recommended that the Client checks Terms of Use on a regular basis. All the changes to these Terms of Use are effective as of the “Last updated” date. The Client who continues to use the Service after the Last updated date it deemed to accept the changes made to it.

0.3. By creating an account and using the Service, the Client represents and warrants that he/she:

1. is at least 18 years of age or over or the age of majority in the country in which he/she resides if that happens to be greater than 18;

2. has the right, authority and capacity to enter into and be bound by these Terms;

3. has acknowledged and accepted these Terms of Use in full without any exceptions and limitations; 

4. will comply with these Terms and all applicable local, state, national and international laws, rules and regulations. The Client should acknowledge that when using the App he/she is solely responsible for compliance with applicable local laws and regulations;

5. will not be violating any law or regulation of the country in which he/she is resident; 

6. has not been convicted of, nor is subject to any court order relating to assault, violence, sexual misconduct or harassment;

7. will provide KYC documents to IHAPPY within a period not exceeding 5 days from the moment of receiving the relevant request from IHAPPY.

0.4. The Client could use the Service in any manner and in any form within its declared functionality, including posting, uploading or display of any materials, including but not limited to information in the form of text and hypertext, messages, emails, images, photographs, audio files and other content (“Content”).

By using the App, the Client acknowledges and accepts not to post, send or upload any Content which:

1. contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;

2. is sexually explicit or pornographic or otherwise may offend human dignity; 

3. is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;

4. is defamatory;

5. contains images of children (even if the Client is also in the photo) or endangers minors;

6. contains “junk” messages or “spam”, solicit money from or defraud other Clients of the Service;

7. impersonates  any person or entity (including posting of any images/photos of another person without his/her permission) with intent to confuse other Clients of the Service;

8. displays any personal contacts or banking information on the Client’s profile page whether such information relates to the Client or any other person (for example, full names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details, or place of work);

9. violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property rights;

10. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;

11. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);

12. contains any spyware, adware, viruses or malware designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from IHAPPY or otherwise.

You understand and agree that we may monitor or review your Content and we have the right to remove, edit, restrict, block or prevent access to any of your Content at any time in our sole discretion. You further understand and agree that we have no obligation to display or review your Content.

IHAPPY may from time to time request KYC documents from the Client in order to verify the Client’s identity and age and their match to the information provided by the Client in the Client’s profile. KYC documents means the documents of the Client that include, inter alia, the passport or ID and/or any personal data requested during the verifications process.

1. Payments and Billing

1.1. When Client purchases the Service or the App from the app store, including subscriptions and in-app purchases, the payment for such purchases will be processed either by third parties on behalf of IHAPPY, or directly by the owner of the app store, and will be governed by their terms and conditions as well as other applicable policies. Client shall review and accept the terms and conditions of the app store with regard to Client’s rights to cancel orders and get related refunds. Thus, if Client has any payment related issues Client is advised to contact app store directly. Subject to clause 9.2., all purchases made are final and non-refundable, except when required by law.

1.2. Subscription. If Client purchases a recurring subscription, Client is subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g. monthly or annually) until Client cancels the subscription. Client authorizes the third party on behalf of IHAPPY or directly the owner of the app store to charge the Client the first subscription fee and any applicable taxes on or after the date the Client purchases his subscription or after the free trial ends. Client will receive an electronic confirmation of the receipt of payment from subscription merchant indicating the following: confirmation of the Client consent to the subscription, start date of the subscription, length of any trial period, introductory offer or promotional period, details of the service, transaction amount and billing frequency, transaction date, disclosure that the cardholder will be charged unless cardholder takes steps to cancel any subsequent transaction, link to enable the Client to easily cancel any subsequent transactions online. Subscription will automatically continue at the selected interval, and Client will continue to be charged at the stated price (including any applicable taxes), unless prior to the end of the current subscription period: (a) the Client terminates his account; (b) Client cancels his subscription; (c) subscription is declined; (d) these Terms are otherwise properly terminated as expressly permitted herein.

1.3. Free Trials. From time to time, to the extent legally permitted, IHAPPY may offer free trials of certain subscriptions for specified periods of time without payment. If IHAPPY offers a free trial, the specific terms of the free trial will be provided in the marketing materials describing the particular trial or at registration. Once free trial ends, IHAPPY (or third party payment processor) will begin billing the Client’s designated payment method on a recurring basis for the subscription (plus any applicable taxes and other charges) for as long as Client’s subscription continues, unless Client cancels his subscription prior to the end of the free trial. Client hereby acknowledges that he will not receive a notice from IHAPPY that his free trial has ended or that the paid portion of the subscription has begun.

1.4. Subscription Cancellation. The Client may cancel his subscription anytime by following the subscription cancellation policy applicable to the relevant app store. Please note that deleting the app does not cancel the subscription. If the Client purchased a subscription via our website, it may be cancelled in the User’s Settings or by contacting support at support@ihappydate.com.

1.5. VIP status. Certain subscription options may grant you a VIP status in the app. Such VIP status will provide you with the following advantages:

1. no advertising

2. viewing of incoming likes

3. prioritised user attention

2. Personal data

2.

2.1. IHAPPY processes Clients’ information in accordance with the Privacy Policy, as updated from time to time, available following the link: https://ihappydate.com/policy_EN.html, which is incorporated into these Terms of Use. Before registering with IHAPPY, the Client should acknowledge and accept IHAPPY’s Privacy Policy.

2.2. By using IHAPPY, the Client agrees to the processing of his/her Personal Data and warrants that all the provided Personal Data is true, correct and accurate. 

IHAPPY reserves the right to terminate Client’s account and block access to the Service upon discovery or reasonable suspicion that the Client has provided incorrect information when using the Service (including cases when such information is used to deceive other Clients of the Service).

2.3. Processing of Client’s Personal Data may include collection, recording, organisation, structuring, storage, adaptation or alteration (update, change), retrieval, consultation, use, disclosure (to third parties authorised by law), alignment or combination, restriction, erasure or destruction of relevant Personal Data. 

2.4. The username and password which are automatically generated by the Service or chosen by the Client upon registration are necessary and sufficient for the Client’s access to the Service. After successful registration, the Client is assigned a unique identification number on the Service, which is displayed in his address bar. The Client can change his/her username and password after registration. 

2.5. It is also possible to automatically register with IHAPPY through accounts in third party social networks. To do this, the Client should select the icon of the respective social network during registration and enter his/her username and password from this social network. 

2.6. Once authorised through a third party social network, the Client could add to his/her account in IHAPPY  information from his/her account in the respective social network (including but not limited to Personal Data and photos). When the Client  authorizes through a third party network, IHAPPY does not receive an access to any information or data contained in the Client’s account in the respective social network beyond the information or data added from Client’s account in the third party social network to the Client’s account in IHAPPY.

2.7. The Client is recommended to choose a password of sufficient complexity to avoid any possibility of password cracking by third parties. The Client is not allowed to transfer his login and password to third parties and is fully responsible for their safety, and choice of the method of their storage. In the event that there is a reasonable suspicion to believe that the Client’s username and/or password have come to knowledge of third parties, the Client should immediately change them (or contact IHAPPY’s Support service by email  info@ihappydate.com when he/she is unable to change them).

2.8. The Client should be aware that by placing Personal Data in his/her profile with the Service, he/she automatically reveals them to the other Clients of IHAPPY. It is recommended that the Client would follow the same precautions in disclosing details about himself/herself to third parties online as he/she would do under any other circumstances.

2.9. Consent to Use of Data: Client agrees that IHAPPY may collect and use technical data and related information—including but not limited to technical information about Client’s device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to the Client (if any) related to the IHAPPY Application. IHAPPY may use this information, as long as it is in a form that does not personally identify the Client, to improve its products or to provide services or technologies to the Client.

3. License to use the Service and permitted use of the Service

3.

3.1. IHAPPY grants the Client a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is granted for the sole purpose of letting the Client use and enjoy the Service’s benefits as intended by IHAPPY and permitted by this Agreement. Any software provided to the Client by IHAPPY may automatically download and install upgrades, updates, or other new features. The Client could adjust these automatic downloads through his/her device’s settings.

3.2. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms of Use and licence, granted by IHAPPY to the Client and the Client may not make any representations on behalf of or bind IHAPPY in any manner.

3.3. The Client is permitted to use the Service in the following ways:

1. by way of reproduction of content contained or placed in the Service for personal use by copying such content to the memory of his/her mobile device (download). 

In the event that particular content contained or placed in the IHAPPY is subject to intellectual rights protection (including copyright) or relates to any person or entity (including posting of any images/photos of another person) the Client is allowed to reproduce it only upon reception of a prior consent from the respective party.

2. by way of performing actions necessary for the operation of the Service (including use in accordance with its purpose), that is, direct use of the Service.

3.4. Clients of the Service are not allowed to:

1. use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service;

2. use the Service or any content contained in the Service for any commercial purposes without prior written consent from IHAPPY;

3. copy (for any cases other than specified in paragraph 3.1. (a) of these terms), modify, supplement, transmit, create any derivative works from, make use of, or reproduce in any way any images, materials protected by copyright, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without prior written consent from IHAPPY;

4. “frame” or “mirror” any part of the Service without prior written consent from IHAPPY;

5. access, reproduce or transmit elements of design or user interface of the Service without prior written consent from IHAPPY;

6. use any technical means (including but not limited to bots, search/retrieval applications, proxy or other manual or automatic devices, methods or processes) to access, retrieve, reproduce or circumvent the navigational structure or contents of the Service;

7. use or develop any third-party applications that interfere with the normal operation of the Service or interact with the App, information or content, placed into the Service by its Clients;

8. probe, scan or test vulnerabilities of the Service or any system or network related to it;

9. use meta tags or code or other devices containing any reference to IHAPPY or the App (or any trademark, trade name, service mark of logo of IHAPPY) in order to direct Clients to another service, website or app;

10. express or imply that any statements made by the Client are endorsed by IHAPPY;

11. transfer the rights to use the Service granted to the Client to any third parties by entering into a sublicensing agreement or in any other way;

12. violate IHAPPY’s Terms of Use;

13. encourage or promote any activity that violates IHAPPY’s Terms of Use.

3.5. IHAPPY reserves the right to investigate and take any available action (including legal actions) in response to illegal and/or unauthorized use of the Service, violation of these Terms of Use or such Client’s behaviour that IHAPPY regards as inappropriate or unlawful (including actions or communications that occur on or off the Service), including termination of the Client’s account.

3.6. When communicating with IHAPPY’s customer service, the Client agrees to be respectful and polite. IHAPPY reserves the right to terminate Client’s account as a response to threatening or offensive behaviour of Clients towards IHAPPY’s customer service.

3.7. Antislavery and Human Trafficking Commitment: IHAPPY prioritizes ethical practices. We're fully committed to keeping a safe environment and opposing any form of exploitation, forced labor, or human rights abuses. By agreeing to these terms, you confirm your commitment to avoid activities that support slavery or human trafficking. IHAPPY can take appropriate action, including legal measures and account suspension, against users who break this commitment.

4. Client’s Warranties

4.

4.1. By accepting these Terms of Use, the Client undertakes:

1. to use the Service only to the extent of rights and in the ways permitted by these Terms of Use;

2. to inform IHAPPY by email info@ihappydate.com of any violation of these Terms of Use by third parties that have come to his/her knowledge (including cases of unlawful cases of exploitation of works, protected by copyright, other intellectual property rights or applicable law);

3. not to use the Service for any harmful purpose;

4. not to use the Service in order to damage IHAPPY;

5. not to spam, solicit money from or defraud other Clients of the Service;

6. not to bully, “stalk,” intimidate, assault, harass, mistreat or defame other Clients of the Service;

7. not to solicit personal identifying information for commercial or unlawful purposes from other Clients;

8. not to use accounts of other Clients of the Service, share his/her own account with other Client(s) or maintain more than one account;

9. not to create another account without separate permission from IHAPPY in a situation when Client’s account was terminated by IHAPPY;

10. not to transfer his/her login and password to third parties;

11. not to publish the contents of his/her chats with other Clients of IHAPPY and IHAPPY’s Support Service.

5. License to Client’s information and content

5.

5.1. By accepting these Terms of use, the Client grants IHAPPY and other Users worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information that the Client authorizes IHAPPY to access from Facebook, Odnoklassniki, Vkontakte as well as any content that the Client posts, uploads, displays or otherwise makes available (hereafter “post”) on the Service or transmit to other Clients of IHAPPY.

5.2. IHAPPY’s users can post, upload and otherwise contribute content to the Services which may include, for example, pictures, text, messages, information, titles, descriptions and compilations and/or other types of content (“Client’s Content”). For the avoidance of doubt, Client’s Content includes any such content posted to the IHAPPY and any part of the IHAPPY Service. 

Rights in relation to the Client’s Content become effective at the time when the Client adds such content to the Service and are effective for the duration of the relevant intellectual property rights or non-property rights.

Client hereby declares, with respect to any other user’s Content Client posts on IHAPPY, (1) Client owns or has the right to post such Content, and (2) such Client’s Content, or its use by IHAPPY as contemplated by the Terms of Use, does not violate any rights set forth within the guideline hereby implemented, applicable law or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of Client’s Content on IHAPPY or any entity or individual without express written consent from IHAPPY or such individual or entity.

5.3. By contributing Content to the IHAPPY Service Client automatically grants the IHAPPY an irrevocable and perpetual, non-exclusive, transferrable, fully-paid, royalty free, worldwide license by IHAPPY itself or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate in other works, in any form of media or expression, in the manner in which the Service from time to time permits Client’s Content to be used, and license or permit others to do so.

IHAPPY’s license to the Client’s content shall be non-exclusive, except that IHAPPY’s license shall be exclusive with respect to derivative works created through the use of the Service (for example, screenshots). 

IHAPPY’s license to the Client’s content is subject to Client’s rights under applicable law (including the rights relating to personal data). This licence is provided for the limited purpose of operating, developing, providing, and improving the Service.

5.4. By placing content with IHAPPY, the Client agrees that such content may be viewed by any person visiting the Service or by any Client of the Service.

Client is responsible for the use of the Service and for any Content the Client provides, including compliance with applicable laws, rules, and regulations. Client shall only provide Content that Client is comfortable sharing with others. Any use or reliance on any Content or materials posted via the Service or obtained through the Service is at the Client’s own risk. IHAPPY doesn’t endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communication posted via the Services or endorse any opinions expressed via the Services. The Client understands that by using the Services, the Client may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or otherwise deceptive. All Content is the sole responsibility of the person who originates such Content.

IHAPPY may, but has no obligation to, monitor, review, or edit Client’s Content. In all cases, IHAPPY reserves the right to remove or disable access to any Client’s Content for any or no reason, including Client’s Content that, in IHAPPY’s sole discretion, violates the Terms of Use. IHAPPY may take these actions without prior notification to Client or any other third party. Removal or disabling access to Client’s Content shall be at IHAPPY’s sole discretion, and IHAPPY doesn’t guarantee removal or disable access to any specific Client’s Content.

IHAPPY reserves the right to remove any content, in whole or in part, that the Service considers as violating these Terms of Use or harmful to the reputation of the Service, and/or warn the Client of the content violating the Terms of Use, and/or delete the Client’s account on IHAPPY. None of the above actions require notification by IHAPPY of the Client.

In order to prevent violation of users’ rights, any Client may report any other Client or Client’s Content as inappropriate or by any means objectionable by sending notification to the IHAPPY contact email and/or via the feedback form and/or via pressing the “report” button. Upon receipt of the report IHAPPY shall review the questionable Content and/or Client’s information, decide on the appropriateness of the content, undertake relevant actions towards the questionable content and/or account, and notify the reporting party on the conclusion and undertaken actions within 24 hours. 

5.5. Client hereby acknowledges to be solely responsible for all Client’s Content that the Client posts. IHAPPY is not responsible for Client’s Content nor does it endorsed any opinion contained in any Client’s Content. CLIENT AGREES THAT IF ANYONE BRINGS A CLAIM AGAINST IHAPPY RELATED TO CLIENT’S CONTENT THAT THE CLIENT POSTS, THEN, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW THE CLIENT WILL INDEMNIFY AND HOLD IHAPPY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES AND COSTS, ARISING OUT OF SUCH CLIAM.

6. Disclaimer

6.

6.1. IHAPPY provides the service on an “as is” and “as available” basis and to the extent permitted by applicable law. IHAPPY grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, compliance with the purposes of use or non-infringement. 

6.2. IHAPPY undertakes all reasonable measures to put reasonable protection measures in place and to prevent interruptions in the work of the Service. IHAPPY rescinds from responsibility for technical interruptions in the work of the Service, does not represent or warrant that any defects or errors in the work of the Service will be corrected.

6.3. IHAPPY rescinds for any damage to the Client’s device or computer hardware, device or computer software, or other equipment or technology including, but not limited to damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. 

In the unlikely event that any defect is discovered within IHAPPY, the Service will use every effort to repair or fix the defect free of charge, without significant inconvenience to the Client as soon as possible.

6.4. IHAPPY rescinds from responsibility for any content that the Client or other Clients of the Service post, send or receive through the Service, including any opinions, recommendations or advice contained in such content. Although IHAPPY reserves the right to review and remove content that violates these Terms of Use, such content is the sole responsibility of the Client who posts it, and IHAPPY cannot guarantee that all content will comply with these Terms of Use or applicable law. If you find content on the Service to be violating these Terms of Use, please report it within the Service by email info@ihappydate.com.

6.5. By using the Service, the Client acknowledges and accepts that any content or information that the Client obtains through the Service could be inaccurate and that any content downloaded or otherwise obtained through the use of the Service is accessed at his/her own discretion and risk. IHAPPY rescinds responsibility for any Client’s loss arising from the transmission or use of content, contained in the Service.

6.6. IHAPPY is not responsible for any actions of the Client which constitute part of the permitted use of the Service (as provided in paragraph 3.3. of these Terms) by the Client. By using the Service and the content therein, the Client acknowledges and accepts that he/she is acting at his/her sole risk. 

6.7. If a third party makes a claim to IHAPPY in connection with the violation by the Client of these Terms of Use, provisions of relevant law or rights of third parties (including intellectual property rights), the Client undertakes to compensate IHAPPY for all costs and losses, including paying any compensation and other costs associated with such a claim.

6.8. Client understands that IHAPPY does not conduct criminal background checks or identity checks on its users or otherwise investigate their background. IHAPPY makes no representations or guarantees regarding the conduct, personality, health, physical condition, intent, legality or truth of users. IHAPPY reserves the right to conduct - and Client authorizes IHAPPY to conduct - any criminal background check or other check (such as sex offender register search) at any time using available public records, and Client agrees that any information Client provides may be used for these purposes. If IHAPPY elects to conduct a validation through a consumer rating agency, Client authorizes IHAPPY to receive and use information about Client to determine Client compliance with these terms.

6.9. Client understands that in case IHAPPY suspects or detects any such activity related to human and(or) sex trafficking, IHAPPY reserves the right to report such suspected and(or) detected activity to the government agencies having applicable jurisdiction. IHAPPY will also accept reports on the same from the users through the contact email address referred hereunder.

7. Third Party Services

7.

7.1. The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. The display of links to third party websites or resources does not constitute an endorsement by IHAPPY of any of the third party content information, websites, or resources provided. These links are provided for Client’s information only.

7.2. IHAPPY is not responsible for the availability (or lack of availability) of such external websites or resources. If the Client chooses to interact with the third parties made available through our Service, such party’s separate Terms of Use (including  Privacy policy) will govern their relationship with the Client. IHAPPY does not have control over the contents of any third party sites or resources, neither IHAPPY is responsible or liable for such third parties’ Terms of Use or actions (including compliance with any applicable laws or regulations).

8. Termination of use

8.

8.1. Termination of the Client’s account by IHAPPY:

Upon a reasonable suspicion or discovery of Client’s performance, violating these Terms of Use (including paragraphs 3.2, 4.5, 4.6. of these Terms of Use), IHAPPY reserves the right at its sole discretion, at any time and without liability or the need to give the Client prior notice or to provide any refund to:

1. suspend or revoke Client’s registration and Client’s right to access and/or to use IHAPPY or submit any content to IHAPPY;

2. make use of any operational, technological, legal, or other means available to enforce these Terms of Use (including without limitation blocking specific IP addresses).

8.2. Termination of the Client’s account by the Client:

The Client registered on IHAPPY can terminate his registration at any moment by going to the “Settings” control, then “Application settings” control in the App when he/she is logged in and the choosing the “Delete Account” button. 

Refund. Generally, all purchases are final and non-refundable and no refunds or credits will be issued for partially used periods unless the laws in your jurisdiction provide for refunds.

For subscribers living in the EU, EEA, UK and Switzerland:

Subject to local law, you are entitled to a full refund within 14 days of starting your subscription. Please note that the 14-day period starts from the start of your subscription.

If Client cancels the subscription within 14 days, Client may request full refund by sending request to IHAPPY Support/Customer service to the contact email: info@ihappydate.com.

IHAPPY saves Client’s profile and the information contained therein for 30 days after Client’s account deactivation in case the Client decides to restore the account. 

Once Client’s registration with the Service is terminated, IHAPPY reserves the right to delete any content uploaded from such an account. For further details, please refer to IHAPPY’s  Privacy policy. Content uploaded by the Client other than his/her Profile (including but not limited to comments or messages), may still appear on IHAPPY after termination of Client’s registration with the Service.

9. Limitation of liability

9.

9.1. To the fullest extent permitted by law, IHAPPY, its affiliates, employees, licensors or service providers expressly exclude:

1. all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; 

2. any liability including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising, including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit (whether incurred directly or indirectly), loss of or damage to property, breach of contract or claims of third parties or other losses of any kind or character (including loss of goodwill, or other intangible losses), even if IHAPPY has been advised of the possibility of such damages or losses, resulting from:

· Client’s access to or use of or inability to access or use the Service; 

· the conduct or content of other Clients of the Service or third parties on, through, or following use of the Service;  

· unauthorized access, use or alteration of the Client’s content, even if IHAPPY has been advised of the possibility of such damages. 

9.2. IHAPPY’s total liability to the Client in respect of losses arising under or in connection with these Terms of Use, whether in contract, tort (including negligence, breach of statutory duty, or otherwise) shall in no circumstances exceed the amount of funds paid by the Client to IHAPPY throughout entire time when the Client had an account with the Service.

9.3. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

10. Indemnity

10.

10.1. The Client agrees, to the extent permitted under applicable law, to indemnify, defend and hold harmless IHAPPY, its affiliates, and IHAPPY’s officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to the Client’s access to or use of the Service, Client’s content, or Client’s breach of these Terms of Use.

10.2. Client acknowledges and accepts to cooperate fully and reasonably as required by IHAPPY in the defence of IHAPPY in a situation when IHAPPY is sued as a result of Client’s use of the Service.

10.3. IHAPPY reserves the right to settle or compromise any claims which are brought against IHAPPY without Client’s prior consent.

11. Venue and applicable law

11.

11.1. The Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with Czech law. For the avoidance of doubt, the choice of Czech governing law shall not supersede any mandatory consumer protection legislation in jurisdiction where it is applicable.

11.2. For Clients of the Service residing in the EU or European Economic Area online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr.

11.3. Except for Clients residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to these Terms of Use, to the Service, or to the Client’s relationship with IHAPPY, Czech Republic will be an exclusive jurisdiction. The Client agrees to waive any claim that relevant court of Czech Republic will define as an inconvenient forum.

11.4. In performance of these terms and the Service IHAPPY will be bound by the applicable law of Czech Republic, law and regulations of the EU, as well as applicable card schemes’ regulations (if applicable).

12. Closing provisions

12.

12.1. In case the Client does not understand these Terms, he/she is recommended to contact IHAPPY by email info@ihappydate.com.

12.2. These Terms of Use (and all the related documents, including, but not limited to the  Privacy policy), constitute the entire agreement between IHAPPY and the Client and supersede all previous representations, communications, negotiations and agreements regarding relationship between parties.

12.3. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently. Any single or partial exercise by either party of any right, power or privilege should not preclude any further exercise of that right or the exercise of any other right, power or privilege.

12.4. IHAPPY rescinds from liability for any direct or indirect violation of these Terms caused by circumstances beyond the reasonable control of the Service and which prevents IHAPPY from fulfilling the obligations towards the Client.

12.5. The Client is forbidden to assign, transfer, create a partnership or trade in his/her rights and / or obligations under these Terms of Use (or intend to do so) without prior written consent from IHAPPY. 

12.6. If a provision of these Terms of Use will be declared illegal, void or unenforceable by a court of competent jurisdiction, that part will be deemed to be separable from the rest of these Terms of Use and will not affect the validity and enforceability of the remaining provisions of these Terms of Use.

12.7. Nothing said or written by any employee or agent of IHAPPY shall constitute a variation of these Terms of Use or an authorized representation about the nature or quality of any aspect of the products or services offered by the Service. 

12.8. In the case of any dispute between the different language versions of these Terms, the English and Russian language versions shall prevail.

13. Contact Information

Client may contact IHAPPY and its Support/Customer services via email: info@ihappydate.com.