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Terms of use

Pursuit of Happiness, LLC and EverWondr Network Terms and Conditions of Use

PLEASE READ THESE TERMS OF USE (ìAGREEMENTî OR ìTERMS OF USEî) CAREFULLY BEFORE USING THE WEBNETWORK AND SERVICES OFFERED BY PURSUIT OF HAPPINESS, LLC. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE EVERWONDR NETWORK (THE ìNETWORKî) AND ALL SERVICES PROVIDED BY PURSUIT OF HAPPINESS, LLC.

These Terms of Use apply to your access to, and use of, the Network, your use of any media hosting services, other services provided on or through this Network (the “Services”), to your purchase of any goods or other products (“Products”) and to your viewing, displaying, posting, transmitting or otherwise accessing or making available on the Network data, text, information, usernames, graphics, images, photographs, profiles, audio, video, music, items, and links or other content or materials (“User Content”). By using the Network in any manner, including but not limited to visiting or browsing the Network, you (the ìuserî or ìyouî) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Network, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Network.

We reserve the right to change any provision of these Terms of Use, and any other terms, policy or guideline governing your use of the Network, at any time in its sole discretion. Such changes will be effective immediately upon posting such revisions on the Network, and you waive any right you may have to receive specific notice of such changes. Your continued use of this Network or the Services or the purchase of any Products following the posting of such changes will confirm your acceptance thereof. You should frequently review these Terms of Use and any other applicable policies or guidelines on the Network.

Please refer to the Network’s Privacy Policy for information on how we collect, use and disclose personal information from users of the Network. You understand and agree that we store and process your personal information on computers located in the United States.

Our online hosting and related services (the “Hosting Services”) provide you a place to post information about artists and organizations and news and events related thereto, store your photographs or videos and display other media and content related to such artists or organizations. By subscribing to or using any Hosting Services, you agree to be bound by and accept the additional terms and conditions set forth in Section C below (the “Hosting Service Terms”) which are a part of these Terms of Use.

Please refer to our Terms of Sale as set forth in Section D below for the additional terms, conditions and policies applicable to your purchase and sale of Products through the Network. By listing, displaying, selling or ordering Products through the Network, or by making any attempts to do any of the foregoing, you agree to be bound by and accept the Terms of Sale, which are a part of these Terms of Use.

If you do not agree with these Terms of Use, please terminate your use of the EverWondr Networkís online service immediately.

A.GENERAL TERMS

1. Compliance

You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Pursuit of Happiness, LLCís policies as stated in the Agreement and the Pursuit of Happiness, LLC policy documents listed below (if applicable to your activities on or use of the Network) as well as all other operating rules, policies and procedures that may be published from time to time on the Network by Pursuit of Happiness, LLC, each of which is incorporated herein by reference and each of which may be updated by Pursuit of Happiness, LLC from time to time without notice to you.

Privacy

ïFee Policy

ïCopyright and Intellectual Property Policy

ïTerms of Web Hosting

ïTerms of Sale

In addition, some services offered through the Network may be subject to additional terms and conditions promulgated by Pursuit of Happiness, LLC from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

2. Membership Eligibility

Age: We encourage parents to take an active interest in their children’s use of the Internet. This Network is not designed or intended to collect and retain personal information from children who are under 13 years of age, and you must be 18 years of age or older to create an account on the Network.

However, there may from time to time be contests or other activities on the Network that do not require an account and that are open to all ages, including children under 13. In such situations we will not knowingly collect and retain information from children under 13 without parental consent, except in limited circumstances authorized under the Children’s Online Privacy Protection Act (“COPPA”).

Certain Pursuit of Happiness, LLCís services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. If you register for an account on the Network, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Pursuit of Happiness, LLC may, in its sole discretion, refuse to offer access to or use of the Network to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Network is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Pursuit of Happiness, LLCís services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

3.Your Account.

Generally: Certain activities on the Network require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form (“Registration Data”) is complete and accurate. Pursuit of Happiness, LLC reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as Pursuit of Happiness, LLC may send important notices about your account or the Services to that email account.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Pursuit of Happiness, LLC’s systems and customers, or to ensure the integrity and operation of Pursuit of Happiness, LLC’s business and systems, Pursuit of Happiness, LLC may access and disclose any information from your account it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. You consent to such disclosure and agree that Pursuit of Happiness, LLC’s right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of Pursuit of Happiness, LLC. For information regarding other ways that Pursuit of Happiness, LLC may use or disclose your Registration Data, please see the Pursuit of Happiness, LLC Privacy Policy [WEBMASTER: Insert appropriate link.].

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on the EverWondr Network you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your EverWondr Network account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: EverWondr Network services are not available to temporarily or indefinitely suspended EverWondr Network members. Pursuit of Happiness, LLC reserves the right, in Pursuit of Happiness, LLCís sole discretion, to cancel any accounts for any reason. Pursuit of Happiness, LLC reserves the right to refuse service to anyone, for any reason, at any time.

Account Security: You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Network. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Network or its contents. You agree to immediately notify Pursuit of Happiness, LLC of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to Pursuit of Happiness, LLC. You agree to immediately notify Pursuit of Happiness, LLC of any unauthorized use of your password or any breach of security. You also agree that Pursuit of Happiness, LLC cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Pursuit of Happiness, LLC without Pursuit of Happiness, LLCís express written permission.

4.Fees and Services

Fees are paid using either the credit card you put on file when you sign up as a seller, or via PayPal. Each month we add up all your fees, and on the last day we send you an email with a list of everything. You can pay your bill at any time manually using your credit card on file or PayPal account.

Generally: Changes to the Fees Policy [WEBMASTER: Insert appropriate link.] and the fees for Pursuit of Happiness, LLCís services are effective after Pursuit of Happiness, LLC provides you with at least fourteen (14) daysí notice by posting the changes on the Network. However, Pursuit of Happiness, LLC may choose to temporarily change the Fees Policy [WEBMASTER: Insert appropriate link.] and the fees for Pursuit of Happiness, LLCís services for promotional events (for example, free listing days); such changes are effective when Pursuit of Happiness, LLC posts the temporary promotional event on the Network. Pursuit of Happiness, LLC may, at Pursuit of Happiness, LLCís sole discretion, change some or all of Pursuit of Happiness, LLCís services at any time. In the event Pursuit of Happiness, LLC introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). Pursuit of Happiness, LLC reserves the right to remit all or a portion of the fees it collects to third parties.

You are responsible for paying all fees and applicable taxes associated with using Pursuit of Happiness, LLC. Pursuit of Happiness, LLC keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.

Fees and Termination: If Pursuit of Happiness, LLC terminates a listing or your account, if you close your account, or if the payment of your Pursuit of Happiness, LLC fees cannot be completed for any reason, you remain obligated to pay Pursuit of Happiness, LLC for all unpaid fees plus any penalties, if applicable. If the sellerís account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact everwonder@live.com

5.Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding the Network and any and all User Content that you submit, post, sell, display, or otherwise make available on the Network.

You agree to use Pursuit of Happiness, LLCís services for lawful purposes only. Your User Content and your use of the Network shall not:

1. Be false, inaccurate or misleading;

2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items;

3. Infringe upon any third-partyís copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

4. Violate this Agreement, any Network policy or community guidelines, or constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or otherwise create liability or violate any local, state, national or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;

6. Be unlawful, defamatory, trade libelous, threatening, harassing, invasive of privacy or publicity rights, abusive, impersonate or intimidate any person (including Pursuit of Happiness, LLC staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;

7. Harass, degrade, intimidate or be hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability

8. Be obscene, pornographic, indecent, lewd, including without limitation photographs [or other User Content containing nudity that would be unacceptable in a public setting where minors visit or contain child pornography;

9. Be mature or adult content without being appropriately flagged as such at the time such User Content is uploaded to the Network;

10. Contain or transmit any computer viruses or other code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

11. Constitutes or contain “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement, promotions or political campaigning;

12. Modify, adapt or hack Pursuit of Happiness, LLC or modify another webNetwork so as to falsely imply that it is associated with Pursuit of Happiness, LLC;

13. Give rise to any liability for Pursuit of Happiness, LLC , its affiliates, or customers, or cause Pursuit of Happiness, LLC to lose (in whole or in part) the services of Pursuit of Happiness, LLCís ISPs or other suppliers;

14. Be in any manner that might adversely affect our or our affiliatesí public image, reputation or goodwill;

15. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or any other policy documents as posted on Pursuit of Happiness, LLC.

16. Contain private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and

17. Be, in the sole judgment of Pursuit of Happiness, LLC, objectionable, harmful or restrict or inhibit any other person from using or enjoying the Network, or expose Pursuit of Happiness, LLC or its users to any harm or liability of any nature.

Furthermore, you may not list any item on Pursuit of Happiness, LLC (or consummate any transaction that was initiated using Pursuit of Happiness, LLCís service) that, by paying to Pursuit of Happiness, LLC the listing fee or the final value fee, could cause Pursuit of Happiness, LLC to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Although we prohibit certain activities in these Terms of Use, Pursuit of Happiness, LLC does not control and takes no responsibility or liability for any User Content or for any loss or damage thereto, or for the nature of the User Content you may encounter. Your use of the Network is at your own risk.

Although Pursuit of Happiness, LLC has no obligation to screen, edit or monitor any of the User Content posted on the Network, Pursuit of Happiness, LLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Network at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Network at your sole cost and expense.

You represent and warrant that (a) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

6. Content

Generally: You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Services. You understand that Pursuit of Happiness, LLC does not control, and is not responsible for Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Pursuit of Happiness, LLC Network and Content available through the Service may contain links to other Networks, which are completely independent of Pursuit of Happiness, LLC. Pursuit of Happiness, LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in this or any other Network. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Pursuit of Happiness, LLC be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Pursuit of Happiness, LLC may or may not pre-screen or approve Content, but that Pursuit of Happiness, LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason.

License: Pursuit of Happiness, LLC does not claim ownership rights in your Content. You grant Pursuit of Happiness, LLC a license solely to enable Pursuit of Happiness, LLC to use any information or Content you supply Pursuit of Happiness, LLC with, so that Pursuit of Happiness, LLC is not violating any rights you might have in that Content. You grant Pursuit of Happiness, LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Pursuit of Happiness, LLC to store or re-format your Content on Pursuit of Happiness, LLC and display your Content on Pursuit of Happiness, LLC in any way as Pursuit of Happiness, LLC chooses. Pursuit of Happiness, LLC will only use personal information in accordance with Pursuit of Happiness, LLCís Privacy Policy. For more information, see Pursuit of Happiness, LLCís Copyright Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Pursuit of Happiness, LLC user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Pursuit of Happiness, LLC-related communications. Pursuit of Happiness, LLC has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Pursuit of Happiness, LLC user to your email or physical mail list. For more information, see Pursuit of Happiness, LLCís Privacy Policy.

Re-Posting Content: By posting Content on Pursuit of Happiness, LLC, it is possible for an outside Network or a third party to re-post that Content. You agree to hold Pursuit of Happiness, LLC harmless for any dispute concerning this use. If you choose to display your own Pursuit of Happiness, LLC-hosted image on another Network, the image must provide a link back to its listing page on Pursuit of Happiness, LLC. You understand and acknowledge that any User Content contained in public postings, including any galleries that are not designated as unlisted, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other Networks and in search engine results. Therefore, you should be careful about the nature of the User Content you post. Pursuit of Happiness, LLC will not be responsible or liable for any third party access to or use of the User Content you post. Pursuit of Happiness, LLC provides many security options and settings for your content and you should read and understand them all.

Idea Submissions: Pursuit of Happiness, LLC considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Network or otherwise (other than the Content and the tangible items sold on the Network by users) (collectively, the ìMaterialî) to be non-confidential and non-proprietary, and Pursuit of Happiness, LLC shall not be liable for the disclosure or use of such Material. If, at Pursuit of Happiness, LLCís request, any member sends Material to improve the Network (for example through the Forums or to customer support), Pursuit of Happiness, LLC will also consider that Material to be non-confidential and non-proprietary and Pursuit of Happiness, LLC will not be liable for use or disclosure of the Material. Any communication by you to Pursuit of Happiness, LLC is subject to this Agreement. You hereby grant and agree to grant Pursuit of Happiness, LLC, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Hyperlinks: You may create a text hyperlink to the Network, provided such link does not portray Pursuit of Happiness, LLC or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Pursuit of Happiness, LLC at any time. Further, you may not frame the Network without Pursuit of Happiness, LLC’s express written consent.

Third Party Content: You acknowledge and agree that the Pursuit of Happiness, LLCís service offers content provided by third parties, including, without limitation, other users of the Network, including, without limitation, information about individuals, organizations, events and Products for sale (collectively, ìThird Party Contentî). We are a distributor and not a publisher with respect to third Party Content, and are not responsible for reviewing or editing any Third Party Content. Any opinions, advice, statements, services, invitations, events, offers or other information contained in Third Party Content are those of their respective authors, and not of the Pursuit of Happiness, LLC or any of its affiliates. We make no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Pursuit of Happiness, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Network, or between users and any third party, you understand and agree that Pursuit of Happiness, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Pursuit of Happiness, LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

Pursuit of Happiness, LLC makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web Networks accessible by hyperlink from the Network, or other Networks linking to the Network. Pursuit of Happiness, LLC provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any Network or any information contained therein. When you leave the Network, you should be aware that our terms and policies no longer govern.

Advertisements And Promotions; Third Party Products and Services: Pursuit of Happiness, LLC subscribers (on their own Networks) or Pursuit of Happiness, LLC (on public areas of the Network) may run advertisements and promotions from third parties on the Network or facilitate the sale of certain products or services by third parties through the Network. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and Pursuit of Happiness, LLC does not endorse, approve, or control any such products, services, advertising or promotions. Pursuit of Happiness, LLC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party products and services on the Network.

7. Information Control

Pursuit of Happiness, LLC does not control the Content provided by users that is made available on Pursuit of Happiness, LLC. You may find some Content that may be offensive, harmful, inaccurate, deceptive, or may contain adult content. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Pursuit of Happiness, LLC, you agree to accept such risks and that Pursuit of Happiness, LLC (and Pursuit of Happiness, LLCís officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Pursuit of Happiness, LLC. Please use caution, common sense, and practice safe buying and selling when using Pursuit of Happiness, LLC.

8. Other Resources

Pursuit of Happiness, LLC is not responsible for the availability of outside Networks or resources linked to or referenced on the Network. Pursuit of Happiness, LLC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Networks or resources. You agree that Pursuit of Happiness, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Networks or resources.

9. Resolution of Disputes and Release

In the event a dispute arises between you and Pursuit of Happiness, LLC, please contact Pursuit of Happiness, LLC. [WEBMASTER: Insert appropriate link.]

Should you have a dispute with one or more users, or an outside party, you release Pursuit of Happiness, LLC (and Pursuit of Happiness, LLCís officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Pursuit of Happiness, LLC, for the benefit of users, may try to help users resolve disputes. Pursuit of Happiness, LLC does so in Pursuit of Happiness, LLCís sole discretion, and Pursuit of Happiness, LLC has no obligation to resolve disputes between users or between users and outside parties. To the extent that Pursuit of Happiness, LLC attempts to resolve a dispute, Pursuit of Happiness, LLC will do so in good faith based solely on Pursuit of Happiness, LLCís policies. Pursuit of Happiness, LLC will not make judgments regarding legal issues or claims.

10. Pursuit of Happiness, LLCís Intellectual Property

Pursuit of Happiness, LLCís trademarks, graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Pursuit of Happiness, LLC in the U.S. and/or other countries. Pursuit of Happiness, LLCís trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. Breach

Without limiting any other remedies, Pursuit of Happiness, LLC may, without notice, and without refunding any fees, delay or immediately remove Content, warn Pursuit of Happiness, LLCís community of a userís actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a userís account privileges, terminate a userís account, prohibit access to the Network, and take technical and legal steps to keep a user off the Network and refuse to provide services to a user.

12. Privacy

Except as provided in Pursuit of Happiness, LLCís Privacy Policy Pursuit of Happiness, LLC will not disclose your personal information (as defined in the Privacy Policy to third parties without your explicit consent.

13. No Warranty

PURSUIT OF HAPPINESS, LLC, AND PURSUIT OF HAPPINESS, LLC AND THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS AND PURSUIT OF HAPPINESS, LLC AND THEIR, PURSUIT OF HAPPINESS, LLCíS RESPECTIVE SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND PURSUIT OF HAPPINESS, LLCíS SUPPLIERS PROVIDE PURSUIT OF HAPPINESS, LLCíS NETWORK AND SERVICES ìAS ISî AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. PURSUIT OF HAPPINESS, LLC, PURSUIT OF HAPPINESS, LLCíS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND PURSUIT OF HAPPINESS, LLCíS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PURSUIT OF HAPPINESS, LLC SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

PURSUIT OF HAPPINESS, LLC AND PURSUIT OF HAPPINESS, LLC AND THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PURSUIT OF HAPPINESS, LLC, PURSUIT OF HAPPINESS, LLCíS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND PURSUIT OF HAPPINESS, LLCíS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT (i) THE NETWORK MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (ii) THAT THE NETWORK, ITS SERVERS OR EMAIL SENT FROM PURSUIT OF HAPPINESS, LLC OR THE NETWORK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iv) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (v) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. PURSUIT OF HAPPINESS, LLC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. PURSUIT OF HAPPINESS, LLC ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE NETWORK AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE NETWORK OR THE PRODUCTS OR SERVICES PROVIDED THEREON.

14. Liability Limit

IN NO EVENT SHALL PURSUIT OF HAPPINESS, LLC, PURSUIT OF HAPPINESS, LLC, AND (AS APPLICABLE) THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PURSUIT OF HAPPINESS, LLCíS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR PURSUIT OF HAPPINESS, LLCíS SUPPLIERS BE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, , INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OR INABILITY TO USE OR VIEW THE NETWORK, PURSUIT OF HAPPINESS, LLCíS SERVICES, OR THIS AGREEMENT, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM PURSUIT OF HAPPINESS, LLC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PURSUIT OF HAPPINESS, LLC’S RECORDS, PROGRAMS OR SERVICES..

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PURSUIT OF HAPPINESS, LLC OR PURSUIT OF HAPPINESS, LLC OR (AS APPLICABLE) OF THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERSTHE PURSUIT OF HAPPINESS, LLCíS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR PURSUIT OF HAPPINESS, LLCíS SUPPLIERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE NETWORK, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE NETWORK MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PURSUIT OF HAPPINESS, LLC FOR ACCESS TO OR USE OF THE NETWORK OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PURSUIT OF HAPPINESS, LLC AND PURSUIT OF HAPPINESS, LLC AND ITS THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AND THE INDEMNIFIED PARTIES’ INDEPENDENT CONTRACTORS, SERVICE PROVIDERS AND CONSULTANTS, SUPPLIES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO ANY USER CONTENT YOU POST, STORE OR OTHERWISE TRANSMIT ON OR THROUGH THE NETWORK, YOUR USE OF OR INABILITY TO USE THE NETWORK, THE USER CONTENT, THE NETWORK MATERIALS OR THE SERVICES, OR THE LICENSING OF YOUR PHOTOS TO THIRD PARTIES THROUGH THE NETWORK, INCLUDING ANY ACTUAL OR THREATENED SUIT, DEMAND OR CLAIM MADE AGAINST ANY OF THE INDEMNIFIED PARTIES AND/OR THEIR INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS OR CONSULTANTS, ARISING OUT OF OR RELATING TO YOUR USER CONTENT, YOUR CONDUCT, YOUR VIOLATION OF THESE TERMS OF USE OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

16. No Guaranty

Neither the Pursuit of Happiness, LLC nor EverWondr does not guarantees continuous, uninterrupted access to the Network, and operation of the Network may be interfered with by numerous factors outside Pursuit of Happiness, LLCís or EverWondrís control.

17. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Network and any Pursuit of Happiness, LLC service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Network (excluding any taxes on Pursuit of Happiness, LLCís net income).

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the partiesí intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency

You and Pursuit of Happiness, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. Pursuit of Happiness, LLC Service

Pursuit of Happiness, LLC reserves the right to modify or terminate the Pursuit of Happiness, LLC service for any reason, without notice, at any time. Pursuit of Happiness, LLC reserves the right to alter these Terms of Use or other Network policies at any time, so please review the policies frequently. If Pursuit of Happiness, LLC makes a material change Pursuit of Happiness, LLC will notify you here, by email, by means of a notice on our home page, or other places Pursuit of Happiness, LLC deems appropriate. What constitutes a ìmaterial changeî will be determined at Pursuit of Happiness, LLCís sole discretion, in good faith, and using common sense and reasonable judgment.

21. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of North Carolina, excluding its conflicts of laws rules, and the United States of America.

22. Miscellaneous

No failure or delay by us in exercising any right under these Terms of Use will operate as a waiver of such right, nor will any single or partial exercise of any right preclude any other or further exercise of such right or of any other rights.

Any claim or litigation arising under or in connection with these Terms of Use or the use of the Pursuit of Happiness, LLCís service shall be brought solely in the state or Federal courts in Guilford County, North Carolina. You hereby consent and submit to the exclusive personal jurisdiction of such courts, and consent, submit to and agree that venue for such claim or litigation is proper in said courts and county. You hereby expressly waive all rights under applicable law or in equity to object to the jurisdiction and venue in said courts and county.

B. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

Pursuit of Happiness, LLC has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Pursuit of Happiness, LLC will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Pursuit of Happiness, LLCís Designated Agent to Receive Notification of Claimed Infringement (ìDesignated Agentî) is listed at the end of this policy.

Pursuit of Happiness, LLC may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Pursuit of Happiness, LLC removes or disables access in response to such a notice, Pursuit of Happiness, LLC will make a good-faith attempt to contact the allegedly infringing party (ìMemberî) so that they may make a counter notification.

1.Procedure for Reporting Copyright or Intellectual Property Infringements:

If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneysí fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Pursuit of Happiness, LLC.

If you believe that material residing on or accessible through the Pursuit of Happiness, LLC Network or service infringes a copyright or other intellectual property right, to provide Pursuit of Happiness, LLC of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement at issue and the notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail ñ not by email, except by prior agreement);

2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);

3. Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Pursuit of Happiness, LLC is capable of finding and verifying its existence (for listings, please provide item numbers);

4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Pursuit of Happiness, LLC on the ownerís behalf, the address, telephone number and, if available, e-mail address;

5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and

6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

When removing material from the Network, Pursuit of Happiness, LLC will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying partyís contact information.

2. Removal of Allegedly Infringing Material

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, Pursuit of Happiness, LLC may remove or disable access to the material infringing upon the intellectual property. If Pursuit of Happiness, LLC removes or disables access to content in response to an infringement notice, Pursuit of Happiness, LLC will make reasonable attempts to notify the Member that Pursuit of Happiness, LLC has removed or disabled access to the material. Repeat offenders will have all material removed from the system and Pursuit of Happiness, LLC will terminate such Membersí access to the service.

3. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:

If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneysí fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Pursuit of Happiness, LLC.

If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.

1. Your physical or electronic signature (by fax or regular mail ñ not by email, except by prior agreement);

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

3. A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;

4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Memberís address is located, or if your address is located outside the United States, for any judicial district in which Pursuit of Happiness, LLC is located, and that you will accept service of process from the person who provided notification under subsection ©(1)© or an agent of such person.

If a counter-notice is received by the Designated Agent, Pursuit of Happiness, LLC may send a copy of the counter-notice to the original complaining party informing that person that Pursuit of Happiness, LLC may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Pursuit of Happiness, LLCís discretion.

Please contact Pursuit of Happiness, LLCís Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address:

Pursuit of Happiness, LLC

ATTN: WEBMASTER

8803 East Pepper Court

Oak Ridge, NC 27310

Telephone: 336-643-0387

Email: everwondr@live.com

4. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, Pursuit of Happiness, LLC has adopted a policy of terminating, in appropriate circumstances and at Pursuit of Happiness, LLC’s sole discretion, account holders who are deemed to be repeat copyright infringers. Pursuit of Happiness, LLC may also, at its sole discretion, limit access to the Network and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. Representations and Warranties of Users Posting Content

User represents and warrants to Pursuit of Happiness, LLC that:

a. User owns (or has legal right to represent and license) all copyright and other rights, title and interest in and to all Content submitted to the Network and has the right to grant all licenses granted herein without violating the rights of any third party;

b. If the user who is agreeing to this Terms of Use is an agent of the copyright owner(s), then the user has been granted full authority of the copyright owner(s) to enter into this agreement;

c. All information provided to Pursuit of Happiness, LLC through the Network or by any all other means concerning all Content, to the best of its knowledge, is true and accurate; and

d. All Content on the Network submitted by user has all necessary releases and permissions required to grant the licenses granted under the applicable license, including without limitation valid Model Releases and Property Releases for photos depicting recognizable people (living or dead) and private properties, and all written permission regarding all distinguishable trademarks.

“Model Release” means a written release signed by or on behalf of any living person or the estate of a deceased person who is depicted in whole or in part in any photos.

“Property Release” means a written release from the owner and/or occupier of any property that is depicted in whole or in part in any photos.

C. ADDITIONAL TERMS APPLICABLE TO HOSTING SERVICES (“HOSTING SERVICE TERMS”)

You may use the Hosting Services only in accordance with these Hosting Service Terms (and the Terms of Use to which they are a part). In the event of any conflict between these Hosting Service Terms and the other provisions of the Terms of Use, these Hosting Service Terms will control.

1. Subscriptions

[IF ALL SUBSCRIPTIONS TO WEB HOSTING WILL BE FREE, WE CAN REVISE THIS SECTION AS NECESSARY] The Hosting Services are to be used for the purposes of providing information about arts-related individuals and organizations and their art, events, news, ideas, activities and other related information. Pursuit of Happiness, LLC reserves the right to limit or terminate any account which the Pursuit of Happiness, LLC determines, in its sole discretion, does not further the purposes of the Pursuit of Happiness, LLC.

The Hosting Services will only be available to users (a) who register for a free trial (when available) or for a subscription to the Hosting Services (“Subscription”) [and (b) who pay in full the Subscription fees (“Subscription Fees”) applicable to the level of Subscription you select] (the “Subscription Plan”). Pursuit of Happiness, LLC currently accepts [VISA, MasterCard, Discover and American Express credit cards and PayPal]. The various Subscription Plans Pursuit of Happiness, LLC offers and the services, features and Subscription Fees applicable to such Subscription are available on the Network. By subscribing, you agree to pay all applicable Subscription Fees and other charges in accordance with the particular Subscription Plan you select. Please note that the foregoing does not apply to the termination of your account in accordance with Section C.4 below.

The Hosting Services are intended to be used by Pursuit of Happiness, LLC account holders for limited distribution of User Content. The Hosting Services are not intended for broad commercial use by commercial Networks and services (e.g., CNN or other similar news or broadcasting Network), and Pursuit of Happiness, LLC, in its sole discretion, reserves the right to limit, suspend or terminate your use of the Hosting Services if Pursuit of Happiness, LLC determines your use of the Hosting Services is a misuse of the Hosting Services.

2. Term and Upgrades

All Subscriptions are provided for a one (1) year term, WHICH TERM WILL AUTOMATICALLY RENEW EACH YEAR FOR AN ADDITIONAL ONE (1) YEAR TERM UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELLED BY YOU OR PURSUIT OF HAPPINESS, LLC PRIOR TO THE END OF SUCH ANNUAL TERM IN ACCORDANCE WITH SECTION C.4 BELOW. Upon such renewal, the credit card designated on your account will be billed the applicable Subscription Fee then in effect at the time of renewal. If you notify Pursuit of Happiness, LLC that you wish to upgrade to a higher subscription level, then the credit card designated on your account will be billed for the difference in price, prorated for the remainder of your term.

3. Interruptions or Discontinuation of Hosting Services; Changes to Hosting Services and Terms of Service.

Pursuit of Happiness, LLC reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Hosting Services, or portions thereof; and the Subscriptions and Subscription Plans, including making changes to any policies, features and terms applicable thereto. If the Hosting Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by Pursuit of Happiness, LLC, your Subscription will terminate, and we will have no further liability to you. In addition, there may be occasions when the Hosting Services are interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. PURSUIT OF HAPPINESS, LLC, ITS COUNCIL, PURSUIT OF HAPPINESS, LLC AND THEIR RESPECTIVE ITS SERVICE PROVIDERS WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE HOSTING SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY PHOTOS OR OTHER MEDIA OR MATERIALS STORED ON THE NETWORK. YOU ARE SOLELY RESPONSIBLE FOR MAKING AND SAFEKEEPING, BACKUP COPIES OF PHOTOS OR OTHER MEDIA OR MATERIALS YOU POST TO THE NETWORK.

4. Termination of Services.

You may request termination of a Subscription at any time by canceling your account in your Control Panel or by sending an email to everwonder@live.com that provides clear written notice of such request, including the “nickname” you provided to Pursuit of Happiness, LLC at the time you ordered your Subscription. When Pursuit of Happiness, LLC receives your termination request, Pursuit of Happiness, LLC will terminate your Subscription if it has the necessary information to do so. Pursuit of Happiness, LLC will notify you of termination via email. Pursuit of Happiness, LLC may request additional information from you prior to terminating your Subscription(s). A Subscription is not terminated in this manner until you receive confirmation of termination from Pursuit of Happiness, LLC.

Additionally, Pursuit of Happiness, LLC may terminate a Subscription, or any user’s access to and use of the Network or the Hosting Services, at any time at its sole discretion which termination shall be effective immediately. If you violate the Terms of Use (including any Terms of Service), Pursuit of Happiness, LLC in its sole discretion may (a) require you to remedy any violation thereof and/or (b) take any other actions that Pursuit of Happiness, LLC deems appropriate to enforce its rights and pursue available remedies.

All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription. Upon termination, any User Content you have stored on the Network may no longer be retrieved, so you should make a backup copy of any such User Content on a regular basis and before terminating your account.

You may change your email or the credit card information for your account by using the Control Panel or by sending an email to everwonder@live.com that provides clear written notice of the requested change, including the “nickname” currently associated with your Pursuit of Happiness, LLC Subscription. If the credit card designated on your account is invalid and cannot be billed for the renewal Subscription Fee, then Pursuit of Happiness, LLC may terminate your account for nonpayment. If Pursuit of Happiness, LLC does not have a current, working email address, then you may not receive important notices from us regarding your account, which may include notices regarding termination. If your account is terminated and Pursuit of Happiness, LLC cannot reach you due to an invalid email address or for any other reason, then Pursuit of Happiness, LLC will (subject to this Section C.4) endeavor to retain your User Content on the Network for at least 30 days after termination. However, Pursuit of Happiness, LLC cannot guarantee that your User Content will remain on the Network after termination or that you will receive notice of such termination, so you should make a backup copy of any such User Content on a regular basis.

5. Use of User Information.

In the event that you at any time obtain access to any Pursuit of Happiness, LLC user information, whether directly from Pursuit of Happiness, LLC or otherwise, including user names and emails (collectively the ìUser Informationî), you agree that you may not use any such User Information in any manner except as may be specifically authorized by Pursuit of Happiness, LLC to carry out the purpose for which such User Information was provided. Without limiting the foregoing, you may not share such User Information with any third parties or use it for any marketing purposes of any kind. Further, you agree not to use such User Information in any manner that would be in violation of Pursuit of Happiness, LLCís Privacy Policy. In no event will Pursuit of Happiness, LLC be obligated to provide you with any such User Information. You agree that this provision shall apply both during and after the term of your Subscription.

D.ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS (“TERMS OF SALE”)

These Terms of Sale shall form a part of the Terms of Use applicable to your purchases or sales of any Products from the Network. Other than as specifically provided in any separate written agreement between you and Pursuit of Happiness, LLC, the Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale shall control.

1. Pursuit of Happiness, LLC is a Venue

Pursuit of Happiness, LLC acts as a venue to allow users who comply with Pursuit of Happiness, LLCís policies to advertise, offer, sell and buy Products. Pursuit of Happiness, LLC is not directly involved in the transaction between buyers and sellers. As a result, Pursuit of Happiness, LLC has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Pursuit of Happiness, LLC does not pre-screen users or the content or information provided by users. Pursuit of Happiness, LLC cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Pursuit of Happiness, LLC does not transfer legal ownership of items from the seller to the buyer.

Pursuit of Happiness, LLC cannot guarantee the true identity, age, and nationality of a user. Pursuit of Happiness, LLC encourages you to communicate directly with potential transaction partners through the tools available on the Network. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Pursuit of Happiness, LLC is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Pursuit of Happiness, LLC. You use the Pursuit of Happiness, LLC service at your own risk.

2. Listing and Selling

Listing Description: By listing an item on the Network you warrant that you and all aspects of the item comply with Pursuit of Happiness, LLCís published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Pursuit of Happiness, LLC shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the ìin stockî quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their Pursuit of Happiness, LLC shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Pursuit of Happiness, LLCís Network-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Pursuit of Happiness, LLC reserves the right to request that a seller modify a shop policy. Pursuit of Happiness, LLC is not responsible for any breach by a seller of such sellerís policies. Buyers must look solely to sellers for any breach thereof and any remedy in connection therewith. Accordingly, buyers buy Products at their own risk.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the sellerís listing (such as payment method), or (b) the seller cannot authenticate the buyerís identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the itemís price after a sale for the purpose of avoiding Pursuit of Happiness, LLC transaction fees, misrepresent the itemís location, or use another userís account without permission.

3. Pricing; Payment Terms

All prices are listed in U.S. dollars and are valid until altered by us. Pursuit of Happiness, LLC currently accepts [VISA, MasterCard, Discover and American Express credit cards and PayPal]. Pursuit of Happiness, LLC reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. We may terminate your Subscription or your order for Products, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your credit card payment and you do not provide an alternative form of payment. You agree to reimburse Pursuit of Happiness, LLC for any and all costs incurred in c