Terms and Conditions
Following are the terms and conditions or “Terms” that govern your use of any website that links to these Terms (the “Site”). By using or visiting the Site, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site. DayTrail, Inc., and its subsidiaries and/or affiliates (collectively, “we,” “us,” or “our”) reserve the right to change these Terms at any time, effective immediately upon posting or linking on the Site. If you violate these Terms, we may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
We may make available via the Site content, including information, articles, videos, comments, reviews and other texts, photos, pictures and other images, software, or applications (together referred to as “Content”). You agree that we and/or licensors own all Content made available through the Site. Such Content is subject to U.S and international copyright, trademark or other intellectual property rights and laws.
You agree that you are only authorized to visit and view pages of this Site for your own personal use, and that you shall not duplicate, publish, modify or otherwise distribute the material on this Site for any purpose other than as set forth herein. You may only use the Site as permitted by law, including applicable export and re-export laws and regulations. The software on this Site and any Content posted on the Site are our property and are protected by U.S. and international copyright laws. You agree that you will not remove, obscure or alter any legal notices displayed on the Site.
You agree that you will not use the Site (i) in connection with or to promote any products, services, or materials; (ii) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality; (iii) to post any information that disparages or defames any person or entity; (iv) to upload or transmit viruses or malicious code; (v) to harass, bully, or intimidate any users; or (vi) to post content that is hateful, threatening, violent, pornographic, defamatory, abusive, deceptive, or otherwise inappropriate.
If you have comments, questions or requests, please contact us.
Access & Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or the Content contained thereon, to access or capture data, or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. The Content is protected by copyright laws, international copyright treaties, as well as other laws and conventions related to intellectual property. You agree that you will observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices from the Content, the software or documentation, or any copies thereof.
Certain functionality on this Site may require the use of an account. You are solely responsible for maintaining the security of your ID and password. If you suspect that someone else knows or has changed your password, please reset it so that no one else can sign in to your account. You agree not to (i) provide false information when creating your account; (ii) create an account for others without their permission; (iii) create more than one account; (iv) share your login information with others; (v) attempt to access an account belonging to someone else or to solicit login information from others; or (vi) create another account without our permission if your account has been disabled. In addition, you agree to provide accurate profile and contact information and to keep such information up to date.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. You agree that you will comply with any security processes and procedures (such as passwords) we specify with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a Site which are not intended for general public access, unless we have provided you with written authorization to do so.
Compliance with Laws
You agree that you will only use the Site only for lawful purposes. You will not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You will not use the Site to facilitate, or otherwise assist others in, the violation of any law or regulation. You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Site comply with this Agreement and all applicable laws and regulations.
You may not use the Site or the services to violate any law, statute, ordinance or regulation including export, intellectual property and privacy laws.
United States export control laws govern your use of this Site and services. These laws apply to you and your use of this Site and services regardless of whether you actually reside in the United States. Additional information about United States export laws is available from the United States government’s portal to exporting and trade services at http://www.export.gov/.
We do not represent that Content on the Site is applicable, appropriate, or available for use in locations outside the United States. Persons who choose to access the Site from locations outside of the United States do so on their own initiative, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site may allow you to create or otherwise submit information, data, text, messages, or other materials (“User Content”). You may not place or send any User Content or information over this system that violates any law or infringes on the rights of any third party. In those instances where you store information that is intended to be used only by you (or someone representing you) and/or us, we claim no ownership or control over any User Content submitted, posted or displayed by you on or through the Site. You or a third party licensor, as appropriate, retain all patent, trademark and copyright rights to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate. When you enter, upload or otherwise submit User Content to the Site that is intended to be available to members of the public or others you have chosen to share it with, you give us a worldwide, royalty-free license to use, host, store, reproduce, modify, communicate and distribute such User Content as intended. This license continues even if you stop using our Site (for example, User Content posted for a forum). We reserve the right to delete or eliminate any User Content you provide that we deem improper or inappropriate. You represent and warrant you have the necessary rights to grant us this license for all User Content submitted to the Site.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the Site, or exercise any other remedy available if we believe that your use is (i) inconsistent with these Terms or (ii) has violated our rights, the rights of another user, or the law. You agree that monetary damages may not provide us with a sufficient remedy for violations of these terms and conditions, and you consent to injunctive or other equitable relief for such violations. We may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
Unless otherwise specified, the copyrights in all copyrightable subject matter on the Site are either owned by us or used lawfully by us. To the extent that we have the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, we grant you permission to copy or otherwise download from the Site, information and materials (including related graphics), provided:
The materials are for your internal use only, and
Any copies of materials or portions thereof must include the copyright notice specified on the Site.
You may not copy or display for redistribution to third parties any portion of the Site without our prior written permission. Documents we post on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by us or third parties. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user a license under any copyright, trademark, patent or other intellectual property right of us or any third party.
Our name and logo and all related product and service names, design marks and slogans are our trademarks, service marks or registered trademarks and may not be used in any manner without our prior written consent. Other products and service marks are trademarks of their respective owners.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, OF THIS SITE. WE MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OR WHETHER THE CONTENT IS UP TO DATE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN.
WE DO NOT PROMISE THAT THE SITE OR ANY SERVICES PROVIDED HEREUNDER WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, FUNCTIONALITY OR LINK ON IT. ACCESS TO THE SITE (INCLUDING ANY INFORMATION OR MATERIALS THEREIN) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY US OR OUR EMPLOYEES SHALL CREATE ANY WARRANTY. WE DO NOT WARRANT THAT THE INFORMATION OR MATERIALS ON, OR ACCESS TO, ANY SITE WILL BE WITHOUT INTERRUPTION OR ERROR FREE.
If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of Idaho without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Boise, Ada County.
You agree to indemnify and hold us, our officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload Content or other information to the Site.