Last updated: April 7th, 2019

HappyLockScreen is a delivery and installation platform, which performs and optimises the installation of software applications developed and/or published by independent software vendors (“ISV’s”). These Terms of Use (the Terms) constitute a binding agreement between HappyLockScreen. (“HappyLockScreen”, “We” or “Us”), and you, the user, whether you are a natural person or a person acting on behalf of a corporation (“You” or “Yourself”). Please carefully read these terms. If you wish to know more about how we collect information and process it, please check our privacy policy.

Consent

By using HappyLockScreen you, acknowledge agree and give your free and willful consent to the terms. IF YOU DO NOT AGREE TO THESE TERMS OR TO ANY PART THEREOF, YOU MAY NOT AND SHOULD NOT USE HappyLockScreen PLATFORM. By using HappyLockScreen, you hereby warrant that You are eligible to enter into these Terms and are not prohibited or restricted in any manner by any authorized authority, judicial order or law into entering into any agreement; You represent that you are 18 years of age or above, or if you are under the age of 18, you are the parent or legal guardian of a person under the age of 18 and you agree and consent to use of HappyLockScreen by a person under the age of 18 which is under your supervision; You do not reside in a proscribed state and are not a member of any proscribed organization and you have all the required authorizations, if you are acting on behalf of a corporation, to enter into these Terms and to abide the corporation you represent by these terms. During installation we may offer, and you may agree, to install additional software (the “Offers" or "Additional Software"), developed and/or published by other ISVs. In addition, there is a possibility that you will be offered to change your current web navigation access points, including home page and default search provider. You may decline any of our offers, including The Offers, and you may decide under your own discretion, to cancel the installation. Please note that only Offers which received your prior permission and consent (through opt-in or opt-out mechanism, as determined solely by us) shall be installed on your choice of device (The "Approved Offers"). For the sake clarity, these Terms govern your relationship with us alone, and NOT with any ISV. The ISVs maintain their own terms of service and privacy policies and it is your responsibility to review such terms of use and privacy policies by ISVs. Accordingly, these Terms govern your use of HappyLockScreen alone, and not your use of the additional Software and/or The Approved Offers. For more information regarding ISVs which developed and/or published the additional Software and/or Approved Offers, and your contractual rights and obligations with these ISVs please refer to the additional Software's and the Approved Offers' Terms of Service and/or its End User License Agreements, respectively. In the event where HappyLockScreen is used to manage the installation of software developed and/ or published by us and/or where we use HappyLockScreen to offer you to install Additional Software developed and/or published by us, the following provisions of The Additional Software's and/or the relevant additional terms of service shall be in effect, in case where those provisions contradict or cannot be settled with these Terms, these Terms shall prevail. Grant of License and Limitation of Use Subject to these Terms , we grants you a limited, personal, non-assignable, non-transferable and non-exclusive license to use the HappyLockScreen and its services and features, provided by the us to you, in accordance with the Terms. Other than the rights expressly granted under these Terms, no other rights are granted to you. Any breach of these Terms and/or use HappyLockScreen in access of the rights granted to you under these Terms will be considered breach of contract and will constitute an infringement or our rights. You shall not use HappyLockScreen if you are under 18 years of age or if you are not the owner or approved administrator of the device on which you activated HappyLockScreen. You may not (and may not permit anyone else) to: (a) make any illegal use of HappyLockScreen, including, but not limited to, by using HappyLockScreen to install pirated, stolen, infringing or unlicensed software or any sort of malware or spyware; (b) use HappyLockScreen to install the Additional Software and/or Approved Offers in the background or remotely; (c) duplicate, copy, create derivative works, distribute, re-distribute, sell, lease, alter, modify, reverse engineer, decompile, disassemble, automatically gather information (using bots, crawlers, spiders, sifters etc.), rip, test, pen-test, monitor or upload any sort of malware into HappyLockScreen or any part thereof; or (d) damage, interfere, disrupt or harm us, HappyLockScreen or any ISV in any way. After initiating the installation process you may not stop HappyLockScreen's operation, except with the designated 'cancel'. Furthermore, we reserve the right, under our sole discretion to disable your ability to do so in certain stages of the installation. Please note that stopping the HappyLockScreen operation in certain stages of the installation, through means other than the designated 'cancel' button, may result in damages and/or discrepancies to your device either directly or indirectly, for which we shall not be responsible in any manner.

Intellectual property

HappyLockScreen, its design and layout, any texts presented during the installation process which relates to us and/or HappyLockScreen, including without limitation, any copyrighted material, patents, design rights, inventions, ideas, works of art, trade secrets, now-how, logos, trademarks and service-marks, trade-dress, trade names, goodwill and any related rights, all whether registered or not, are our sole and exclusive intellectual property. You agree that you shall not remove, obscure, change, omit or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed or contained within or on HappyLockScreen and its related services. We do not maintain rights to grant, allow, license, assign, convey or transfer any rights in respect to the Additional Software and/or Offers and any design and layout, which relates to such Additional Software. Nothing in these Terms shall be construed as granting or relinquishing any right or interest HappyLockScreen and its related services to you or to any third party.

Advertisements

During your use of HappyLockScreen, we may present you with third party advertisements. We have no control and take no responsibility for the content and/or information of these advertisements and to the content to which they direct, including regarding appropriateness, accuracy and/or cyber security.

Changes to your device

You hereby grant HappyLockScreen permission to install the Additional Software and the Approved Offers, including collateral software required to execute such software, as determined by the relevant ISV. You acknowledge that software installation often required admin privilege, registry changes, as determined by the relevant ISV as well as access to the Internet, which shall be made at your sole responsibility and expense. We make efforts and take actions to protect against abusive or unauthorized usage of our installation process. In order to protect from potentially malicious activities, we require certification and digital signature of software applications code and may use encryption, decoding or additional methods to prevent reverse engineering and abuse of the HappyLockScreen. In addition, we reserve the right, at our sole discretion, to install an update notification software on your device, which may initiate updates from time to time . In addition to other components or software relevant to HappyLockScreen or its ISVs and/or third parties' affiliates activities, may be installed on your device at any time. Installation that was initiated but was interrupted and/or canceled before completion may result in residual data and/or software remaining on your device which can be removed manually, including a desktop application to continue installation from interruption. Upon proper completion of the installation process an online landing page (such as a "Thank You Page") may be displayed via your default web browser.

Advertisements

During your use of HappyLockScreen, we may present you with third party advertisements. We have no control and take no responsibility for the content and/or information of these advertisements and to the content to which they direct, including regarding appropriateness, accuracy and/or cyber security.

Disclaimers of warranties and limitation on liability

HappyLockScreen is provided "AS-IS", "AS-AVAILABLE" and "WITH ALL FAULTS". You agree that your use of HappyLockScreen is at your own risk. We disclaim all warranties and representations, whether expressed or implied in connection with HappyLockScreen and your use of HappyLockScreen, to the fullest extent of the law, including without limitation, fitness for any particular purpose and promises of specific results. HappyLockScreen is an installation management software, designed for installing third party ISVs software. For this reason we cannot warrant the success of the installation process, which may not be completed for various reasons not related with HappyLockScreen including incompatible hardware or a malfunction with The Software. Therefore, we do not warrant or guarantee, and you may not hold us, nor our subsidiaries, officers, affiliates and licensors, responsible or liable for any lack of accuracy, correctness, completeness, continuity, reliability, timeliness, error-free, malware-free and security of HappyLockScreen, its content or any part thereof. You will be solely responsible for your use of HappyLockScreen and any damages to your electronic communication or devices. We care for your information and data, and make our best efforts to verify that HappyLockScreen, the Additional Software and the Approved Offers are what they claim to be and that HappyLockScreen is not being misused in any inappropriate or illegal manners. However, our efforts can only be reasonably done to a certain extent, and are partial by definition. HappyLockScreen does not make any warranties or representations in this regard, wether expressed or implied. We do not warrant, endorse, guarantee or take responsibility for any third party, including third parties ISVs, and any party that offers products and/or services through HappyLockScreen, to the fullest extent of the law. Without derogating from the provisions of these Terms and/or from the provisions of any law, neither we nor our subsidiaries, officers, affiliates and licensors, are not liable for any losses, damages or incursions, whether direct or indirect, which you will sustain (if you sustain) as a result from your installation and/or use HappyLockScreen or the Approved Offers or any part thereof, not resulting directly from a malfunction in HappyLockScreen which we are specifically responsible for in accordance to these terms, including without limitation, damages caused by any form of malware or inappropriate or illegal (including, but not limited to, copyright infringing and spamming) content, unforeseeable damages and damages relating to commercial or infringing use, to the fullest extent of the law. IN NO EVENT SHALL OUR, NOR OUR SUBSIDIARIES, OFFICERS, AFFILIATES, AND LICENSORS, AGGREGATED LIABILITY FOR ANY CLAIM AND/OR DAMAGE CAUSED TO YOU OR TO ANY THIRD PARTY DUE TO THESE TERMS, INCLUDING (WITHOUT LIMITATION) YOUR USE OF HappyLockScreen, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED ONE THOUSAND U.S. DOLLARS (U.S. $1000). Moreover, HappyLockScreen is meant to install the Software and the Approved Offers, and as such they are not covered by these Terms. Neither We, nor our subsidiaries, officers, affiliates and licensors, shall ever be liable, to the fullest extent possible, for any damage resulting from their actions. THE LIMITATIONS ON OUR LIABILITY TO YOU STATED UNDER THESE TERMS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES AND/OR DAMAGES. ANY SOFTWARE OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HappyLockScreen IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR DEVICE AND/OR SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE OR OTHER MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM HappyLockScreen, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Governing law and jurisdiction

By using HappyLockScreen You specifically agree that any action at law or in equity arising out of or relating to these Terms, the Privacy Policy and the relationship between you and us, shall be governed solely by and construed in accordance with the laws of the United Kingdom, without regard to its principles of conflict of laws. You agree to submit to the sole and exclusive jurisdiction of the competent courts located in London, UK, in regard to any disputes, controversies and/or divisions which may rise between you and us for any matter relating to these Terms and/or your use of HappyLockScreen in general. You agree not to initiate any class action against us, and seek only personally remedies.

Termination and amendments

We may terminate these Terms at any time, for any reason and in accordance with our sole discretion and judgment, and we may amend, change or omit these Terms, in whole or in part, from time to time, in accordance with our sole discretions and without prior notice to you. Any amendment or change to these Terms will be affective and binding immediately upon publication of the amended or changed Terms. Your continued use of HappyLockScreen will constitute your agreement and consent to the new and/or amended Terms, as they will be published from time to time. We may terminate HappyLockScreen and our services, in part or in whole, in accordance to our sole discretion, for you or for all our users, and may do so without prior notice.

General

We reserve our rights, in accordance to our sole discretion, to assign and transfer our rights pursuant to these Terms to any third party whether in part or in whole, without prior notice to you. If any of the provisions in these Terms are deemed invalid or unenforceable by any competent court and for whatever reason, it will not affect the validity of the remaining, still valid provisions of these Terms. Any mission from these Terms will be interpreted in a way that serves the ideas expressed in these Terms. In no way shall the interpretation of these Terms will contradict the laws of the United Kingdom. Any cause of action you might have relating to HappyLockScreen is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards. Failure to assert any right in regard to these Terms on our behalf shall not constitute concession, yield or relinquishment of any sort.