Last Updated April 17, 2020
We (the folks at A Lot of Happy LLC) are building a job board supporting careers working at and with the independent game development community called Work With Indies and website called workwithindies.com and would love for you to use them. Work With Indies will ask that you interact with users of the Work With Indies website, primarily employers and employment seekers. We ask that you do so with unbridled joy and curiosity, as well as your grandest examples of kindness and consideration.
Terms of Service:
This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of A Lot of Happy LLC websites, including but not limited to: workwithindies.com (“Work With Indies”, “WW/I”) and any other service (collectively, the “Service”), each owned and operated by A Lot of Happy LLC (“A Lot of Happy”, “we”, “our” or “us”).
A Lot of Happy LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
If you are entering into the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and are fully able and competent to enter into, abide by and comply with the Terms.
The Work With Indies website is a job board operating within the independent video games industry. Work With Indies enables employers to publish job offers for a position to be filled. Work With Indies provides job seekers the ability to navigate through different job listings in order to find and apply for a job.
Any new features or tools which are added to the current Service shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Your A Lot of Happy Account. If you create a job listing or subscribe to emails on the Service, A Lot of Happy will assign an account to the given Company Name and/or Contact Name and/or Contact Email Address (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and A Lot of Happy may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause A Lot of Happy liability. You must immediately notify A Lot of Happy of any unauthorized uses of your Account or any other breaches of security. A Lot of Happy will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
A Lot of Happy retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Service, you agree that A Lot of Happy may share your lead data with such designated third parties. You are still responsible for any and all personal information that is part of any Content.
Cancellation/Refund Policy. All job listings will remain active for 30 days. If you are not completely satisfied with the service provided for any reason, you may submit a request for a free reposting or a full refund within 30 days after the publish date of your listing. We will repost your listing or issue your refund in the same form of payment it was received. No questions. No complaints.
Taxes and Fees. You take full responsibility for all taxes and fees of any nature associated with the Service, including any sales tax related to any purchase or sale of services or goods under the Terms. When purchasing or selling services or goods under the Terms, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.
Submissions. A Lot of Happy does not claim ownership of the materials you provide to the Service (including feedback or suggestions) or post, upload, input or submit to any A Lot of Happy site or Service (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submissions you are granting A Lot of Happy, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
By posting, uploading, inputting, providing or submitting your Submission you warrant that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. A Lot of Happy is under no obligation to post or use any Submission you provide and may remove any Submission at any time in A Lot of Happy’s sole discretion.
If, at our request, you send certain specific Submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
Your Responsibilities. If you operate an Account, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
The Content does not contain or install any viruses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; your Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
Your Account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Account’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by A Lot of Happy or otherwise.
A Lot of Happy reserves the right to refuse or remove any Content or terminate or deny access to your use of the Service for any reason whatsoever.
All Content uploaded are copyright © their respective owners.
If you delete Content, A Lot of Happy will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Third Party Tools. A Lot of Happy may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. A Lot of Happy shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Certain features made available via the Service are delivered by third party tools and organizations. By using any product, service or functionality originating from the Service, you hereby acknowledge and consent that A Lot of Happy may share such information and data with any third party with whom A Lot of Happy has a contractual relationship to provide the requested product, service or functionality on the behalf of the users and customers the Service.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Third Party Links and Websites. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. A Lot of Happy are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
A Lot of Happy are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Intellectual Property. All material available on the Service and all material and services provided by or through A Lot of Happy, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Subject to your compliance with the Terms, during the term of the Terms, A Lot of Happy grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.
If A Lot of Happy, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then A Lot of Happy may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. A Lot of Happy has no liability to you for suspending the Service under this provision.
Modifications to the Prices and Service. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Accuracy, Completeness, and Timeliness of Information. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Errors, Inaccuracies, and Omissions. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Limitation of Liability. You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, will A Lot of Happy or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if A Lot of Happy has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. A Lot of Happy’s total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to A Lot of Happy in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any state, province or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, A Lot of Happy ’s liability in such state, province or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, A Lot of Happy will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to A Lot of Happy or through the Service. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.
The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than A Lot of Happy and received by you through or advertised on the Service or received by you on any third party sites. You also agree that A Lot of Happy will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service.
With respect to any dispute arising out of or related to the Service and/or the Terms: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute.
You agree that you will not bring a claim under or related to the Terms more than one (1) year from when your claim first arose.
Disclaimer of Warranties. Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service are provided on an “as is” and “as available” basis. A Lot of Happy expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.
The service is offered and controlled by A Lot of Happy from its facilities in the United States. A Lot of Happy makes no representations that the service is appropriate or available for use in locations other than the United States and Canada. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnification. You agree to indemnify, defend, and hold harmless A Lot of Happy, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. A Lot of Happy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify A Lot of Happy and you agree to cooperate with A Lot of Happy ’s defense of these Claims. You agree not to settle any matter without the prior written consent of A Lot of Happy. A Lot of Happy will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
International Users. The Service is controlled, operated and administered by A Lot of Happy from our offices in the United States. If you access the Service from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Prohibited Uses. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement. You agree that the failure of A Lot of Happy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
Governing Law. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Changes to Terms. A Lot of Happy reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. A Lot of Happy may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
Contact Information. Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or to A Lot of Happy LLC, 2020 Maltby Rd. STE 7 PMB 295, Bothell, WA. 98021