These General Terms and Conditions (“GTCs”) govern the relationship between Happy Honey Kitchen, LLC (“HHK”), its website https://www.HappyHoneyKitchen.com (“HHK.com” and/or the “Site”), our social media, and any other content produced by and/or belonging to us (individually and collectively “HHK Products”) and you and your use of HHK, and all of its associated services, content and functionality. “You” and any derivative thereof, refers to the reader, user, of any HHK Product, colloquially, you.
Your use of HHK Products constitutes Your acceptance of, and agreement to, these GTCs. HHK reserves the right to amend, update, or otherwise alter or modify these GTCs and/or any HHK Product. HHK has no duty to notify or any notice obligation with regard to these GTCs or any HHK Product.
Code of Conduct
The following types of contributions will not be tolerated and will may be deleted or other action taken by HHK at its discretion:
a. Hate speech;
c. References to illegal acts;
d. Harassment of any kind;
e. Infringement upon the rights of others;
f. Any contribution which HHK deems violates the code of conduct, as determined by HHK’s sole discretion.
All intellectual property, including but not limited to original material (together “IP”) created by HHK, on the Site, and/or on, in, included with, HHK Products belongs to its creator, HHK or otherwise. No license
or grant of rights in any IP is being conferred to any user of the Site or any HHK Product without the express written and duly signed agreement of the owner of such IP. All IP is intended only for personal use. No license to sell or distribute is conferred by access to any IP
HHK has taken all reasonable efforts to support the accuracy of the content of the HHK Products. HHK, and/or the Site, make no guarantees of result or experience. You acknowledge and knowingly agree that HHK shall be free from any liability including incidental and/or consequential damages, losses, or any other claims or costs associated with the use of any HHK Product. HHK assumes no liability and no responsibility for any loss, damaged, cost, claim, injury, or result from the use of any information found in any HHK Product. You acknowledge and agree that You use any HHK Product and associated IP and/or information at your own risk.
You acknowledge and agree there is no client relationship created from the publication of any information which could be considered legal or financial in nature in any HHK Product, and You agree to seek your own legal or financial advice if You, in Your own judgement, consider any information found in any HHK Product to potentially be legal or financial information.
You acknowledge and agree that this Site and all HHK Product is only for informational purposes, and that You are fully responsible for your use of the information, furthermore, You acknowledge and agree that i) no representation, guarantee, or warranty has been made to You, and ii) that HHK assumes no liability, including for omission, inaccurate information, and/or errors.
Use of the Site and HHK Product
You may view and download content from HHK Products, including but not limited to the Site for your personal use, provided however, You acknowledge and agree to be bound by and restricted by these GTCs. Furthermore, You acknowledge that other HHK content may require additional terms and reference these GTCs or other HHK Products and content and these GTCs shall apply to the extent not otherwise modified or amended by other HHK terms.
Unless otherwise stated, HHK owns the IP and rights to all content and material on the HHK Products, including but not limited to the Site. You acknowledge and agree that without written and duly signed authorization from HHK, no republication, distribution, sale, rental, sublicensing of the Site’s content and/or any other HHK Product is authorized.
Only with the proper citation and acknowledgement of HHK Product may HHK material and/or content be republished on the approved social media channels or other places, as such may be approved in HHK’s sole discretion; please contact HHK for any questions regarding republication. You acknowledge and agree to indemnify and reimburse HHK for any reasonable costs incurred by HHK in enforcing its rights.
You acknowledge and agree that any information You contribute to the Site or any HHK Product, including but not limited to posts, comments, or submissions, audio, video, must not infringe on the rights of others, include illegal content, and/or violate the HHK Code of Conduct, and such may be edited and/or removed by HHK without any liability. Furthermore, You acknowledge and agree that HHK shall have no liability for anything contributed by You or any third party.
If You send HHK, and/or the Site any email, sign up for newsletter or otherwise communicate with HHK or any HHK Product you consent to receive communications from HHK, the Site, and/or any HHK Product.
Prohibited Use of the Site and HHK Product
You acknowledge and agree that You shall not use any HHK Product, including but not limited to the Site and its content and/or materials, in any way that causes, or potentially causes damage to the Site or other’s ability to access the Site.
You acknowledge and agree not to reverse engineer, reproduce, copy, reimage, and/or reduce the Site and/or any HHK Product. You acknowledge and agree You shall not use the Site in any way to facilitate, use, transmit, store, copy, host, send, and/or distribute any spyware, virus, Trojan horse, work, keystroke logger, and/or other harmful or malicious code or software.
You acknowledge and agree that you shall not conduct any data collection activities on or in relation to the Site without the express written and duly authorized agreement of HHK.
You acknowledge and agree that you shall not use the Site for any marketing purposes without the express written and duly authorized agreement of HHK.
Trademark and Copyright
HHK trademarks shall not be used in connection with You or Your products, in any manner that disparages or discredits HHK, or in any manner that may cause confusion among consumers. HHK may from time to time utilize the trademarks owned by third parties, only such activity is conducted according to law.
The content, design, any and all components of the HHK Product are registered and/or copyrighted and owned by HHK and/or third parties and are protected by the United States and international copyright laws and should not be reused and republished without the express written and duly authorized agreement of HHK.
You acknowledge and agree that any notice, including legal notices, and terms applicable to any HHK Product may be provided to you by electronic means, and such shall satisfy any requirement for written notice.
External Links and Third Party Content
The Site may contain links to third party websites, You acknowledge and agree that i) HHK assumes no liability for the content of such third party websites or any issues You experience therewith, ii) HHK has no control over the content of such third party websites, and ii) You will perform your own review and use your own judgment when choosing to click on any third party links and whether to transact with any such third party.
HHK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE QUALITY, ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OF INFORMATION OR ANY OTHER INFORMATION DISCLOSED HEREUNDER, AND YOU (ON BEHALF OF YOURSELF, YOUR AFFILIATES, AND YOUR REPRESENTATIVES) EXPRESSLY ACKNOWLEDGE AND AGREE THAT HHK, ITS AFFILIATES, ITS REPRESENTATIVES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES SHALL HAVE
NO LIABILITY WHATSOEVER WITH RESPECT TO THE USE OF OR RELIANCE UPON THE INFORMATION BY YOU (OR YOUR AFFILIATES AND REPRESENTATIVES).
Limitation of Liability
IN NO EVENT WILL HHK (OR ITS RESPECTIVE REPRESENTATIVES) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL (INCLUDING PUNITIVE OR MULTIPLE) DAMAGES, NOR WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, OPPORTUNITY, GOODWILL OR OTHER SIMILAR LOSS.
Liability Monetary Cap
You acknowledge and agree that in no event shall HHK total liability exceed the amount You paid for any HHK Product directly to HHK, within the prior twelve (12) months, such twelve (12) month term shall be measured from the date of filing the suit or action leading to a final determination of liability.
Indemnity and Remedies
You acknowledge and agree to indemnify, defend, and hold HHK any HHK members, owners, directors, officers, employees, managers, and agents harmless from and against any and all claims, actions, liabilities, suits, costs, expenses, losses, (including attorney’s fees and expenses) which HHK incurs, is found responsible for, or experiences as a result of i) any third party action which derives from or is otherwise based on Your use of the Site or any HHK Product, Your negligence or misconduct, Your breach of these GTCs, and/or Your actions causing any issues with the HHK IP or the IP of others, ii) Your use of the Site or any HHK Product, Your negligence or misconduct, Your breach of these GTCs, and/or Your actions causing any issues with the HHK IP or the IP of others.
Without prejudice to any other rights or remedies which HHK may have, You acknowledge and agree that money damages would not be an adequate remedy for any breach by You or any of Your representatives of any of the provisions of these GTCs and HHK, in addition to all other remedies, shall be entitled to the remedies of injunction, specific performance and other relief for any threatened or actual breach of any such provision by You or any of Your representatives or any other relevant person and no proof of special damages shall be necessary for the enforcement by HHK of the rights under these GTCs. You agree not to raise as a defense or objection to the request or granting of such relief that any breach of these GTCs is or would be compensable by an award of money damages, and You further agree to waive and to use its reasonable efforts to cause all of its representatives to waive, any requirement for the securing or posting of any bond in connection with any such remedy.
Choice of Law and Venue
These GTCs and any dispute or claim arising under, out of or in connection with it shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to choice of law doctrine. The Parties, including You through your use of HHK Products and/or the Site, (a) irrevocably submit to the jurisdiction of any Texas or federal court sitting in Harris County, Texas, in any action arising out of this agreement, (b) agree that all claims in any such action may be decided in either state or federal court to the extent subject matter jurisdiction exists in such court, and (c) waive, to the fullest extent that they may effectively do so, the defense of an inconvenient forum. The parties also agree that a final judgment in any such action that is not subject to further appeal shall be conclusive and may be
enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. The parties, including specifically You, acknowledge and agree they were given the opportunity to and after consulting or having had the opportunity to consult with counsel, knowingly, voluntarily and intentionally waive any right either of them may have to a trial by jury in any litigation based upon or arising out of these GTCs. Neither party will seek to consolidate, by counterclaim or otherwise, any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.
The invalidity or unenforceability of any provision of these GTCs shall not affect the validity or enforceability of any other provision of these GTCs.