Terms of Use

Terms of Use 

Children’s Privacy Policy

Please Read This Children’s Privacy Policy Carefully Before Allowing Your Children to Use the SOSOHappy.com Site

Entertainment One (“Parent Company of SO SO Happy,” “we,” “us“, “our“) provides www.SOSOHappy.com (the “Site“). We at SO SO Happy are dedicated to safeguarding your children’s privacy. The Children’s Online Privacy Protection Act (“COPPA“) requires us to inform parents and legal guardians about how we collect, use, and disclose personal information collected online from children under the age of thirteen and that we obtain parental consent before we allow children under the age of thirteen to use certain features of the Site. The term “parent” as used in this policy includes legal guardians. The term “child” as used in this policy means a child who is under the age of thirteen. Other capitalized terms used in this policy are defined in our Privacy Policy, which you may access through a link on the Site.

To make the Site safe and fun for children, we have adopted the following policies and practices.

1. What Information is Collected from Children?

Children can explore the Site, view, download, and print content without providing to us any “Personally Identifiable Information” (i.e., Information that can be used to identify or contact the child. Personally Identifiable Information includes information such as full name, home address, telephone number and e-mail address). We do not condition children’s participation in online activities on the disclosure of more information than is reasonably necessary for a child to engage in any particular activity. If children do not create an account, send e-cards, or participate in other activities that require or request Personally Identifiable Information on or through the Site, the only information we collect will be “Non-Personally Identifiable Information” (i.e., Information that cannot be used to identify or contact the child). If, however, children choose to create an account, subscribe to e-mail newsletters, send e-cards or e-mail to friends, or participate in online polls that request Personally Identifiable Information, we may require them to submit Personally Identifiable Information as described below. Before they are permitted to do so, we will obtain verifiable parental consent, such as through a form that must be printed, signed by the child’s parent, and returned to us.

(a) Registering an Account. When children register on the Site, we ask for their e-mail address and birthdate (to verify age)

(b) Sending E-Cards to a Friend. Children can send an electronic postcard (“e-card”) to a friend through the Site without being a registered user. We may ask for a first name and e-mail address, and we may also ask for Personally Identifiable Information about the intended recipient, like a first name and e-mail address.

(c) Participating in Online Polls. SO SO Happy may, from time to time, utilize online polls. If the poll requests or permits a child to provide Personally Identifiable Information, we will first obtain verifiable parental consent. Some polls may request only information that is not personally identifiable (such as first name only, city or state of residence, age, gender, or favorite SO SO Happy character), in which case, we will not obtain verifiable parental consent.

When children known by us to be under thirteen participate in a Site activity that requires or permits the collection of Personally Identifiable Information, we may also ask for information such as a parent’s name and e-mail address in order to obtain verifiable parental consent.

Please refer to our general Privacy Policy for a description of the non-personal information that we collect on the Site. We do not combine such non-personal information with any Personally Identifiable Information.

2. How Information Collected from Children is Used and Shared

We use Personally Identifiable Information collected in connection with child-directed activities for internal purposes only, such as to distribute an online newsletter, to enable children to send e-cards to friends, or to allow children to participate in online polls or surveys.

(a) Subscribing to Newsletters. SO SO Happy uses contact information collected during subscription to send children the newsletter, which includes marketing content. A child may opt out of receiving the newsletter by following the unsubscribe instructions contained within it.

(b) Sending E-Cards to a Friend. When children provide information to send an e-card or e-mail art to a friend, SO SO Happy will only use the information given to send the e-card or e-mail and will not retain the information after the e-card or e-mail is sent.

(c) Communications with SO SO Happy. When children send an e-mail message to or otherwise contact SO SO Happy, we use the information solely to respond, and then we delete it.

We do not disclose any Personally Identifiable Information collected from children to any third parties except (a) with a parent’s written permission, (b) as required by any applicable law, or (c) as permitted by COPPA, such as in the event of a physical threat to a child.

3. Linked Sites

Please be aware that when children click on certain links or advertising banners on our site, they may be linked to sites which are not operated by us (“Third Party Sites”). SO SO Happy does not endorse and is not responsible for the privacy practices of these Third Party Sites. We strongly recommend that you review the privacy policy statements of those Third Party Sites which collect information from your children. SO SO Happy does not disclose children’s Personally Identifiable Information to these Third Party Sites without obtaining a parent’s consent.

4. We Notify and Obtain Consent from Parents for the Collection of Personally Identifiable Information From Their Children

We are required by COPPA to use reasonable efforts to ensure that before Personally Identifiable Information is collected from a child, a parent of the child receives notice of and consents to our information practices. Subject to certain limited exceptions permitted by COPPA, children under the age of 13 may participate in Site activities that require us to collect Personally Identifiable Information from them only with the verifiable consent of a parent or legal guardian.

5. How Parents can Access and/or Delete Personally Identifiable Information About Their Children

Parents have the right to access and/or delete any Personally Identifiable Information collected by us online from their children, and to refuse at any time to permit us to collect further such information from their children. A parent may exercise these rights by e-mailing Alison Kenney: Akenney@entonegroup.com. Please include the child’s member name and the parent’s e-mail address in the e-mail.

6. Policy Changes

Your family’s use of the Site is conditioned on your acceptance of the policies and terms set forth in this Children’s Privacy Policy. We reserve the right to amend this policy at any time, and only the current policy may be deemed effective. We will provide appropriate notice to you in the event that we materially change the way we collect, use, and/or disclose children’s Personally Identifiable Information. Your family’s continued use of this site is conditioned on your acceptance of any modifications hereto.

7. Questions, Comments, or Concerns

If you have questions, comments or concerns about any of our privacy policies or practices, or to raise any other issue, please e-mail Alison Kenney: Akenney@entonegroup.com. You may also contact us at Entertainment One 23586 Calabasas Rd., Suite 210, Calabasas, CA 91302.

Terms of Service

Please Read This Terms of Service Agreement Carefully Before Using the SO SO Happy.com Site

SO SO Happy Studio, Inc. (“SO SO Happy,” “we,” “us“, “our“) appreciates your interest in SO SO Happy’s website available at www.SOSOHappy.com (collectively, with the Materials and Services (each, as defined below), the “Site“). By visiting or using the Site, including without limitation, by (i) accessing, using, and/or downloading Materials, (ii) sending messages, information, data, text, software or images, or other Materials to the Site, or (iii) otherwise using, accessing or purchasing any Services, you (“you” or “your“) agree on your own behalf, and on behalf of any person or entity on whose behalf you may act, to accept and abide by all of the terms and conditions set forth in this Terms of Service Agreement (this “Agreement“). It is important that you carefully read and understand the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use the Site.

Please note that this Agreement contains disclaimers of warranties and limitations of liability that may be applicable to you.

We reserve the right at any time to:

  • change the terms and conditions of this Agreement;
  • change the Site, including eliminating or discontinuing any Material(s) or Services or other feature of the Site;
  • change any prices, fees and charges associated with the Site; or
  • deny or terminate your use of and/or access to the Site.

Any changes we make will be effective immediately upon our making such change(s) available on the Site or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Site thereafter you accept such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

1. Products, Services and Materials Provided in Connection with the Site

Please note that any products and services made available on, by or through the Site (collectively, the “Services“), as well as any materials provided on, by or through the Site or as part of or in connection with the Services or otherwise, including but not limited to data, text, software applications, images, audio and video clips, links and references (collectively, the “Materials“), are provided for personal, non-commercial purposes only. You acknowledge and agree that the Materials and Services are owned by SO SO Happy, its business partners, suppliers and/or licensors, as applicable, and are protected by intellectual property laws. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of SO SO Happy and/or its licensors and/or suppliers. You should be aware that the Materials and Services may be outdated and may contain errors, omissions, and inaccuracies (including errors, omissions and inaccuracies that result from inaccurate, outdated and/or incomplete information provided by you).

2. Limited Permitted Use of Materials and Services

2.1 The downloading, printing and other use of the Materials, and the provision of Services to you, is conditioned on your acceptance of any license agreement and/or other additional terms and conditions that are presented or provided in connection with any such Material(s) or Services, including agreements of third parties. By acquiring or using such Material(s) or Services, you agree to such terms and conditions. You may print or download a reasonable number of copies of any graphic or textual Materials owned by SO SO Happy available for downloading on the Site. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of SO SO Happy or, if so indicated in writing by SO SO Happy, its licensors or suppliers. You understand and agree that you may not authorize, encourage or allow any Material(s) used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise SO SO Happy promptly of any such unauthorized use(s). You acknowledge and agree that SO SO Happy reserves the right to, and may, retain or delete the information, music, photos, video and other materials that you submit, at any time, in its sole discretion.

2.2 By downloading images from the Site, you acknowledge and agree to the following terms and conditions:

  • SO SO Happy characters are copyrighted by SO SO Happy, LLC.
  • The desktop wallpapers, e-cards, and other designs available for download (collectively “Downloads”) are provided under license from SO SO Happy Studio, Inc. for your personal, noncommercial use only.
  • You may not modify the images, text, software, or any other aspect of the Downloads in any way.
  • You may not delete, and must keep intact, all trademark and copyright notices associated with the Downloads.
  • The Downloads are for use solely by the intended immediate user and may not be sold, re-sold, leased, licensed, sub-licensed, or otherwise transferred to any third party.

3. Creating an Account

3.1 In order to use some of the features or functionality offered at the Site or to access some areas of the Site, you may need to create an account with SO SO Happy. If and when you create an account with SO SO Happy, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your date of birth and e-mail address) and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site. You understand that any information you provide will be treated by SO SO Happy in the manner described in our Privacy Policy.

3.2 As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar, disrespectful, or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the Site to any third party. You should never disclose your password to anyone else. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing Alison Kenney: Akenney@entonegroup.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

4. Submissions and Postings

4.1 SO SO Happy cannot accept or consider creative ideas, suggestions, or materials, such as original artwork or ideas for characters, stories, products or games (collectively, “Submissions“) other than those we specifically request. If, despite our request that you not send such materials, you do send us Submissions, none of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. By submitting, sending, posting, displaying, performing and/or otherwise distributing Submissions to SO SO Happy, you hereby grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation and without an obligation to report to the provider of the Submissions, and waive all moral rights (including any rights to attribution) that you may have in such Submissions. You further agree that we and our designees shall exclusively own all documents, works and other materials that incorporate all or part of any Submission(s).

4.2 You acknowledge and agree that other persons, including SO SO Happy employees and contractors along with others who have or will make Submissions, may have submitted or may submit in the future Submissions that are similar to the Submissions submitted by you. You acknowledge and agree that you will not receive any compensation because of SO SO Happy’s use of other similar Submissions. You agree that no confidential or fiduciary relationship is established between you and SO SO Happy as a result of your submission of the Submission. SO SO Happy has no obligation to use or distribute your Submissions. You also acknowledge and agree that, with respect to any portion of any of your Submissions that are not protectable, submission of the Submissions shall not be deemed to place SO SO Happy in any different position than members of the general public.

4.3 You represent and warrant to SO SO Happy that (a) the Submissions do not and will not infringe any rights of any third party(ies), and that the Submissions do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Submissions have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Submissions.

4.4 We have no obligation to monitor the Site or any Submissions, postings or other materials that you or other third parties transmit or post on the Site. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the materials you transmit or post; to alter or remove any such materials; to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in materials on the Site are not necessarily those of SO SO Happy or its affiliates, and SO SO Happy makes no representations or warranties regarding such posted materials. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

5. Third Party Links

The Site contains links to other web sites for your convenience. SO SO Happy has not reviewed, in their entirety, the web sites that are linked to the Site and does not control such sites or the content provided through such sites. Your use of linked web sites is subject to the privacy practices and terms of use established by the specific linked site, and SO SO Happy disclaims all liability associated therewith. The fact that SO SO Happy offers such links does not indicate any approval or endorsement by SO SO Happy of any linked web site or any material contained on any linked web site, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services or publications within the Site do not imply endorsement of, and SO SO Happy is not responsible for and disclaims any endorsement of, any such product, service or publication.

6. Code of Conduct

You agree not to:

6.1. restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

6.2. express or imply that any statements you make are endorsed by us, without our prior written consent;

6.3. post, transmit and/or otherwise make available through or in connection with the Site (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); (e) any content or information related to alcohol or the sale of tobacco products, ammunition, or firearms; or (f) any content or information related to wagering or gambling;

6.4. post, transmit and/or otherwise make available through or in connection with the Site any content or information that would give rise to criminal or civil liability; that encourages conduct that would constitute a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”;

6.5. post, transmit and/or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is potentially harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

6.6. impersonate any person or entity, including without limitation any representative of SO SO Happy; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement that you make;

6.7. engage in spamming or flooding;

6.8. upload any Submission that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Service or Site;

6.9. use the Site in any manner that is unlawful, including accessing the Site from any location where such access may be illegal or otherwise prohibited;

6.10. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

6.11. remove any copyright, trademark or other proprietary rights notices contained in or on the Site;

6.12. “frame” or “mirror” any part of the Site without our prior written authorization;

6.13. link to any page or content on any web site other than the Site;

6.14. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

6.15. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission; and/or

6.16. harvest or collect information about Site visitors or members without their express consent.

When using the Site, you agree to comply with all applicable laws, rules and regulations.

7. Ownership and Restrictions

7.1 The Site is owned and operated by SO SO Happy in conjunction with others pursuant to contractual arrangements, and the Site and any intellectual property and other rights relating thereto are and will remain the property of SO SO Happy and its licensors and suppliers. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site (or any element thereof) without our prior written permission. The Site may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by SO SO Happy or, if so indicated in writing by SO SO Happy, its licensors or suppliers. Use of the Site for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

7.2 The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of SO SO Happy, our licensors and suppliers, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of SO SO Happy, our licensors or suppliers, or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.

8. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by SO SO Happy infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a)a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b)identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c)identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SO SO Happy to locate the material on the Site; (d)the name, address, telephone number and email address (if available) of the complaining party; (e)a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f)a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SO SO Happy a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to:

By mail to:
Alison Kenney

c/o Entertainment One
23586 Calabasas Rd., Suite 210 

Calabasas, CA 91302

By email to

Alison Kenney: Akenney@entonegroup.com

We suggest that you consult your legal advisor before filing a notice or counter-notice.Also, be aware that there can be penalties for false claims under the DMCA.

9. Rules for Sweepstakes, Contests and Games

Any sweepstakes, contests or games that are accessible through the Site are governed by this Agreement, to the extent it is applicable, and by specific rules. By entering such sweepstakes or contests or participating in such games, you signify your agreement and acceptance of this Agreement and such applicable rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such sweepstakes, contests and games.

10. Termination

This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all SO SO Happy rights of ownership shall survive any termination.

11. Disclaimers

11.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) SO SO HAPPY AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “SO SO HAPPY’S REPRESENTATIVES“) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SITE IS CURRENT AND/OR UP-TO-DATE. SO SO HAPPY AND SO SO HAPPY’S REPRESENTATIVES DO NOT WARRANT THAT THE SITE OR ANY ELEMENT THEREOF, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SO SO HAPPY OR ANY OF SO SO HAPPY’S REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE SHALL CREATE ANY WARRANTY.

11.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Site notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.

11.3 SO SO HAPPY AND SO SO HAPPY’S REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE. SO SO HAPPY AND SO SO HAPPY’S REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THIS WEB SITE.

11.4 THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. SO SO HAPPY’S REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

12. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER SO SO HAPPY NOR ANY OF SO SO HAPPY’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS SITE OR ANY LINKED SITE IS TO STOP USING THE SITE OR LINKED SITE, AS APPLICABLE. SO SO HAPPY’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE. 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.

13. Indemnification

You agree to fully indemnify, defend and hold SO SO Happy, any of SO SO Happy’s representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.

14. Ability To Contract

You affirm that you (a) are at least the age of majority (which is 18 years of age in most states in the United States), are an emancipated minor, or possess legal parental or guardian consent, and (b) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Please do not access or use the Site if you (x) are under the age of majority, are not an emancipated minor, or do not possess legal parental or guardian consent, and (y) are not fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

15. Contacting SO SO Happy Regarding the Site

Should you have any questions, comments or complaints regarding this Agreement or the Site, please contact us at: 

Alison Kenney: Akenney@entonegroup.com

16. Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Choice of Language

The parties to this agreement have expressly requested and required that this agreement and all other related documents, be drawn up in the English language. Les parties convenient et exigent expressément que ce contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

18. Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, State of California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable or sublicensable by you except with SO SO Happy’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. SO SO Happy may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular. You hereby acknowledge that you have carefully read all of the terms and conditions of SO SO Happy’s Privacy Policy and Children’s Privacy Policy, and agree to all such terms and conditions.