5. MEMBER CONDUCT
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), transmitted over the Service, by you or others using your account are your responsibility. You, and not Happy Dayz are entirely responsible for all Content that you, or others to whom you provide access, send, post, or otherwise make available via the Service. Happy Dayz does not control the content made available via the Service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Content for any particular viewer. By using the Service, you may be exposed to Content that is offensive, indecent or objectionable, including spam, or which may contain viruses, and other destructive elements. Under no circumstances will Happy Dayz be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or viewing of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use (or permit others to use) the Service to:
(a) send, post, email, transmit or otherwise make available (collectively “send”) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) send any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, without limitation, inside information, proprietary and confidential information);
(f) send any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) send any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation, or otherwise violate our abuse policy;
(h) send any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, rules, orders and regulations having the force of law;
(k) violate applicable laws regarding transmission of technical data exported from the country in which you reside;
(l) take any action that imposes an unreasonable or disproporionately large load on the Happy Dayz; or
(m) “stalk” or otherwise harass another.
You agree Happy Dayz do not, and Happy Dayz agrees it shall not without cause, pre-screen Content, but shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service, including without limitation any Content that violates the TOS or is otherwise objectionable. You agree to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content, and acknowledge that you may not rely on any Content created by, or submitted to, Happy Dayz. You agree Happy Dayz may preserve and disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of Happy Dayz, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.