We Are Committed to Improving Your Security and Protecting Your Privacy.
All of your accounts are protected with SSL encryption.
We do not sell, share or lease your personal data.
Convenience
When you establish an account on one of our sites, the same information will work for all of our sites saving you the hassle of duplicate work.
Security
Once inside “account settings” you can always change and update your profile information.
Family
The “family” refers to the network of HapPhi, Inc. partner sites and services. Once part of the “family” of companies under the HapPhi, Inc. umbrella, you will receive benefits, discounts and entertainment for life all using the same login.
HapPhi Terms of Service
Last modified: August 24th, 2022.
Welcome to HapPhi!
Thanks for using our products and sites and services (“Sites and Services”). The Sites and services are provided by HapPhi Inc. (“HapPhi”),located at 1701 Meeting Place #216 Orlando, FL 32814, United States.
By using our sites and services, you are agreeing to these terms. Please read them carefully.
Our sites and services are wide ranging, so sometimes additional terms or product requirements (including age requirements) mayapply. Additional terms will be available with the relevant sites and services, and those additional terms become part of your agreement with us if you use those sites and services.
Using our Sites and Services
You must follow any policies made available to you within the sites and services.
Misuse of our sites and services will not be tolerated.
· When messaging using our services, you must adhere to all State and Federal laws. What this means is that you cannot add anyone to a list that you have not had contact with. HapPhi, Inc. does not control what messages are sent or whom they are sent to. By using our services you agree to only send messages to people you have had contact with and remove people from your lists who ask to be removed.
· Do not interfere with our sites and services or try to access them using a method other than the interface and the instructions that we provide.
· You may use our sites and services only as permitted bylaw, including applicable communications and messaging laws and export and re-export control laws and regulations.
· We may suspend or stop providing our sites and services to you if you do not comply with our terms or policies or if we are investigating suspected improprieties.
Using our sites and services does not give you ownership of any intellectual property rights or the content you access. You may not use content from any of our sites unless you obtain written permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our sites and services. Do not remove, obscure, or alter any legal notices displayed in or along with our sites and services.
Our sites and services display some content that is not HapPhi material. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. Although we reserve the right to screen content that does not necessarily mean that we review all content. Therefore, please do not assume that we do.
In connection with your use of the sites and services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
You own all of the content and information you post on HapPhi, Inc. and our “family” of websites.
1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us thefollowing permission, subject to your privacy agreement: you grant us anon-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with HapPhi, Inc. (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time(but will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people any of oursites, to access and potentially use that information, and to associate it with you (i.e., your name and profile picture).
Safety
We do our best to keep HapPhi, Inc. safe, but we cannot guarantee it. We needyour help to keep HapPhi, Inc. safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam) on HapPhi, Inc.
2. You will not collect users' content or information, or otherwise access HapPhi, Inc., using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on HapPhi, Inc.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements)without appropriate age-based restrictions.
9. You will follow all applicable laws if you publicize or offe rany contest, giveaway, or sweepstakes (“promotion”) on HapPhi, Inc.
10. You will not use HapPhi, Inc. to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working or appearance of HapPhi, Inc., such as a denial of service attack or interference with page rendering or other HapPhi, Inc. functionality.
12. You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security
HapPhi, Inc. users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on HapPhi, Inc., or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create an otherone without our permission.
4. You will not use HapPhi, Inc. if you are under the age of13.
5. You will not use HapPhi, Inc. if you are a convicted sex offender.
6. You will keep your contact information accurate and up-to-date.
7. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
8. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
9. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe itis appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on HapPhi, Inc. that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on HapPhi,Inc. if we believe that it violates this Statement or our policies.
3. If we remove your content for infringing someone else'scopyright, and you believe we removed it by mistake, we will provide you withan opportunity to appeal.
4. If you repeatedly infringe other people's intellectualproperty rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks, or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
6. If you collect information from users, you will: obtain their consent, make it clear you (and not HapPhi, Inc.) are the one collectingtheir information, and post a privacy policy explaining what information you collect and how you will use it.
7. You will not post anyone's identification documents or sensitive financial information on HapPhi, Inc.
8. You will not solicit users or send email invitations to non-users without their consent.
Mobile and Other Devices
1. We provide our mobile services for a fee, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply (see pricing and fees).
2. In the event you change or deactivate your mobile telephone number, you will update your account information on HapPhi, Inc. within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. You will be charged for all texts sent. Turning messages on and off and managing the messaging platform are your responsibility.
4. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on HapPhi, Inc.
Membership Points
HapPhi offers a “Family Benefit Program” for accumulating points to be used for discounts, goods and financial rewards. These “points” can be accumulated on numerous sites within our network of sites.
Points are earned through (but not guaranteed or limited to):
§ Logging in daily
§ Promoting on Social Media Sites
§ Liking our Facebook Page or Following on Twitter
§ Inviting friends to join
§ Playing games (parameters for points may vary)
§ Sending texts with “MessagingBase”
§ Usage in time
§ Contests
Rules and prizes may be altered at any time without notice.
Your HapPhi Account
You will likely need a HapPhi Account in order to use some of our sites and services. You may create your own HapPhi Account, or your HapPhi Account may be given to you by an administrator, such as your employer or other institution. If you are using a HapPhi Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
As a term of setting up an account with any HapPhi affiliate, your user name and password information will be the same login information for all of the affiliates (or “the family”). This is done for your convenience.
If you learn of any unauthorized use of your password or account, please do the following:
Someone changed your password:
If you suspect that someone else knows or has changed your password, please reset it as soon as possible so nobody else can sign in to your account. To do so, just enter your username on the password help page.
Account username:
If you think someone has access to the email address associated with your HapPhi Account, please change the password for your email as well.
If you are unable to reset your account password, and you cannot sign in to your account, please email help@messagingbase.com
Privacy and Copyright Protection
HapPhi privacy policies explain how we treat your personal data and protect your privacy when you use our sites and services. By using our sites and services, you agree that HapPhi can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please email us at legal@messagingbase.com
Content Uploaded in our Sites and Services
Some of our sites and services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our sites and services, you give HapPhi (and all of our affiliates) a worldwide license to use, host, store, reproduce, modify, create alternative works (such as those resulting from translations, adaptations or other changes we make so that yourcontent works better with our sites and services), communicate, publish, publicly perform, market goods and/or services, publicly display and distributesuch content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our sites and services, and to developnew ones. This license continues even if you stop using our sites and services(for example, for a business listing you have added to HapPhi Maps). Some sites and services may offer you ways to access and remove content that has been provided to that service. In addition, in some of our sites and services, there are terms or settings that narrow the scope of our use of the content submittedin those sites and services. When you upload any content, make sure you havethe necessary rights to grant us this license for any content that you submit to our sites and services.
You can find more information about how HapPhi uses and stores content in the privacy policy or additional terms for particular sites and services. If you submit feedback or suggestions about our sites and services, we may use your suggestions without obligation or payment to you.
About Software in our Sites and Services
When a service requires or includes downloadable software, this software may update on your device automatically once a new version or feature is available. Some sites and services may let you adjust your update settings.
HapPhi may give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by HapPhi as part of the specific sites and services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the sites and services as provided by HapPhi, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our sites and services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Some software used in our sites and services may be offered under an open source license that we will make available to you. There may be limiting provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Sites and Services
We are constantly changing and improving our sites and services. We may add or remove functionalities or features, and we may suspend or stop a service altogether.
You can stop using our sites and services at any time, although we will be sorry to see you go. HapPhi may also stop providing sites and services to you, or add or create new restrictions to our sites and services at any time at our sole discretion and without warning, although we will try to give reasonable notice if possible.
Our Warranties and Disclaimers
We provide our sites and services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our sites and services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS ORADDITIONAL TERMS, NEITHER HAPPHI, INC. NOR ITS SUPPLIERS OR DISTRIBUTORS MAKEANY SPECIFIC PROMISES OR WARRANTIES ABOUT THE SITES AND SERVICES. FOR EXAMPLE,WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES AND SERVICES,THE SPECIFIC FUNCTION OF THE SITES AND SERVICES, OR THEIR RELIABILITY,AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES AND SERVICES“AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, (FOREXAMPLE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT). TO THE EXTENT PERMITTED BY LOCAL, STATE ANDNATIONAL LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Sites and services
WHEN PERMITTED BY LAW, HAPPHI, INC., AND ITS SUPPLIERS ANDDISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA,FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVEDAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HAPPHI,INC., AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS,INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID HAPPHI,INC. TO USE THE SITES AND SERVICES THAT HAS NOT BEEN USED AS IT IS A PREPAY MODEL.
IN ALL CASES, HAPPHI, INC., AND ITS SUPPLIERS AND DISTRIBUTORS,WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES.
ADD INDEMNIFICATION
Business uses of our Sites and services
If you are using our Sites and services on behalf of a business, that business accepts these terms. It will hold completely harmless and indemnify HapPhi and its affiliates, officers, agents, and employees or contractors from any claim, suit or action arising from or related to the use of the sites and services or violation of these terms, including any liability or expense arising from claims, losses, potential losses, physical damage, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a service to, for example, reflect changes to the law or changes to our sites and services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. Changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that site or service.
If there is a conflict between these terms and the additional terms, the newest terms will take precedence for that conflict.
These terms control the relationship between HapPhi and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, we have the rights to take action at any time without time limits.
If it turns out that a particular term is not enforceable, this will affect only that term and no other terms.
The laws of Florida, U.S.A., excluding Florida’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the sites and services. All claims arising out of or relating to these terms or the sites and services will be litigated exclusively in the Federal orState Courts of Orange County, Florida, USA, and you and HapPhi, Inc. consent to personal jurisdiction in those courts.
For information about how to contact HapPhi, please visit the contact section on all sites and services.
Privacy Policy
Last modified: June 15, 2013
There are many different ways you can use our sites and services – to search for and share information, to communicate with other people or to create new content. When you share information with us, for example by creating a HapPhi “family” account, we can often make those sites and services even better – to show you more relevant search results and advertisements, to help you connect with people or to make sharing with others quicker and easier. As you use our sites and services, we want you to be clear on how we are using information and the ways in which you can protect your privacy.
Our Privacy Policy explains:
• What information we collect and why we collect it.
• How we use that information.
• The choices we offer, including how to access and update information.
We have tried to keep it as simple as possible, but if you are not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these “key terms” first. Your privacy matters to HapPhi so whether you are new to HapPhi or a long-time user, please do take the time to get to know our practices – and if you have any questions contact us at your specific sites “contact list”.
Information we collect
We receive data whenever you interact with our family of sites under the HapPhi, Inc. umbrella. We collect information to provide better sites and services to all of our users –from figuring out basic information such as gender, to more specific information such as the advertisements you like the best or the people who matter most to you online or in your phone. We also gather information on specific items such as a client’s anniversary in order to target specific messages to that client.
We collect information in two main ways:
• Information you give us.
Many of our sites and services require you to sign up for a HapPhi or any of the affiliates accounts. When you do, we will ask for personal information, like your name, email address, telephone number or credit card number. Some of our sites may give you the option of creating publicly visible profiles. All information you input or upload into the site is data we can use to operate the sites appropriately.
• Information we get from your use of our sites and services.
We may collect information about the sites and services that you use and how you use them, like when you visit a website that uses our advertising sites and services or you view and interact with our advertisements and content. This information includes:
o Device information
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). HapPhi may associate your device identifiers or phone number with your HapPhi Account.
o Log In information
When you use our sites and services or view content provided by HapPhi, we may automatically collect and store certain information in server logs. This may include:
§ Internet protocol (IP address)
§ Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
§ Cookies that may uniquely identify your browser or your HapPhi Account.
§ Details of how you used our service, such as your search queries.
§ Telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls.
o Local storage. We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
o Cookies and anonymous identifiers. We use various technologies to collect and store information when you visit a HapPhi service, and this may include sending one or more cookies or anonymous identifications to your device(s). We also use cookies and anonymous identifiers when you interact with sites and services we offer to our partners, such as advertising sites and services or HapPhi features that may appear on other sites.
o Location information. When you use a location-enabled HapPhi service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information onnearby Wi-Fi access points and cellular towers in order to facilitate an applications use.
o Unique application numbers. Certain sites and services include a specific and unique application number. This number and other information about your installation(for example, the operating system type and application version number) may be sent to HapPhi when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
How we use information we collect
We use the information we collect from all of our sites and services to provide, maintain, grow, develop and protect the HapPhi family of websites and our users. We also use this information to offer you tailored content – like giving you more relevant search results and advertisements and not promote our various products and services within the network of websites owned by HapPhi, Inc.
We may use the name you provide for your HapPhi Profile across all of the sites and services we offer that require a HapPhi Account. In addition, we may replace past names associated with your HapPhi Account so that you are represented consistently across all our sites and services. If other users already have your email address, or other information that identifies you, we may show them your publicly visible HapPhi Profile information, such as your name/photo/avatar.
When you contact HapPhi, we may keep a record of your communication to help solve any issues you may be facing. We may use your phone number for texts or email address to inform you about our sites and services, such as letting you know about upcoming changes or improvements.
We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our sites and services. For example, by saving your language preferences, we will be able to have our sites and services appear in the language you prefer. When showing you tailored advertisements, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.
We may combine personal information from one service with information, including personal information, from other HapPhi sites and services – for example to make it easier to share content with your contacts. We will not combine DoubleClick cookie information with personally identifiable information unless we have your opt-in consent.
We will not ask for your consent before using information for any purpose covered in this privacy policy.
HapPhi processes personal information on our servers in many countries around the world. It is possible your personal information maybe hosted on a server located outside the country where you live.
Transparency and choice
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:
• Review and control certain types of information tied to your HapPhi Account by using your personal information section.
• Control who you share information with.
You may also set your browser to block all cookies, including cookies associated with our sites and services, or to indicate when a cookie is being set by us. However, it is important to remember that many of our sites and services may not function properly if your cookies are disabled. For example, we may not remember your language preferences. It is not our responsibility to manage your permissions within your client side technology.
Information you share
Many of our sites and services let you share information with others. Remember that when you share information publicly, it may be indexed by search engines, including HapPhi. Our sites and services may or may not provide you with different options on sharing and removing your content. Each site has different functionalities.
Accessing and updating your personal information
You are responsible for updating your personal information. When updating your personal information, we may ask you to verify your identity before we can act on your request. That verification will be sent to an email account you have added when setting up your account so we can help protect your privacy.
We may reject requests at our discretion in regards to accessing, requesting or deletion of data.
We aim to maintain our sites and services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our sites and services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Information we share
We do not share personal information with companies, organizations and individuals outside of HapPhi family of websites, partners and companies unless one of the following circumstances apply:
• With your consent. We will share personal information with companies, organizations or individuals outside of HapPhi when we have your consent to do so. We require opt-in consent for the sharing of any personal information.
• With domain administrators. If your HapPhi Account is managed for you by a domain administrator(for example, for HapPhi application users or your company sets you up with a HapPhi account) then your domain administrator and resellers who provide user support to your organization will have access to your HapPhi Account information(including your email and other data). Your domain administrator may be able to:
§ View statistics regarding your account, like statistics regarding applications you install.
§ Change your account password.
§ Suspend or terminate your account access.
§ Access or retain information stored as part of your account.
§ use your information to market clients, customers or prospects for goods or services
§ Receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
§ Restrict your ability to delete or edit information or privacy settings. Please refer to your domain administrator’s privacy policy for more information.
• For external processing.
We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
• For legal reasons.
We will share personal information with companies, organizations or individuals outside of HapPhi if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
§ Meet any applicable law, regulation, legal process or enforceable governmental request.
§ Detect, prevent, or otherwise address fraud, security or technical issues.
§ Protect against harm to the rights, property or safety of HapPhi, our users or the public as required or permitted by law.
§ Enforce applicable Terms of Service, including investigation of potential violations.
We may share aggregated non personal identifying information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show successes publicly attributed to our sites and services.
If HapPhi is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.
Information security
We work hard to protect HapPhi and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
• We encrypt many of our sites and services using SSL security.
• We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
• We restrict access to personal information to HapPhi employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Application
Our Privacy Policy applies to all of the sites and services offered by HapPhi, Inc. and its affiliates, including sites and services offered on other sites (such as our advertising sites and services pr “family” of sites), but excludes sites and services that have separate privacy policies that do not incorporate this Privacy Policy.
Our Privacy Policy does not apply to sites and services offered by other companies or individuals, including products or sites that maybe displayed to you in search results, sites that may include HapPhi sites and services, or other sites linked from our sites and services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our sites and services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.
Enforcement
We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We also will work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.
Changes
Our Privacy Policy may change from time to time. We will post any privacy policy changes on this page. We will also keep prior versions of this Privacy Policy in an archive for your review.
Refund Policy
No refund will be processed.
