Welcome to day.online (the “Service”), which is owned and operated by Day, a private company. By using the Service, you agree to comply with and be legally bound by these terms and conditions and any related rules, policies or disclaimers with respect to the Service (collectively, the “Terms”).
PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF you do not accept the Terms, do not use the SERVICE. Your use of the Service WILL SIGNIFY YOUR acceptance of the Terms from that point onwards.
Day may change, revise, amend or modify the Terms at any time (the “Additional Terms”), which shall be automatically effective upon their posting to the Service. Your continued use of the Service will signify your acceptance of the Additional Terms. If you do not accept the Additional Terms, your sole and exclusive remedy is to discontinue your use of the Service.
1. Definitions. For purposes of the Terms: (i) “User,” “you” and “your” means an individual or entity that creates an account on the Service.; (ii) “we,” “us” and “our” means Day; (iii) “Post” means any Content posted, uploaded and otherwise provided to the Service by a User;
2. Terms and Conditions. By using the Service, you acknowledge the following:
2.1 Third-Party Content. The Service is only an Internet-based venue for informational and educational purposes. The Users, not Day, provide the Service with content in the form of text, links, works of authorship and any other material or information that is uploaded to, posted to or otherwise communicated by Users on the Service (collectively, “Content”). Day does not provide any Content, and is not liable for any Content.
2.2 Content Not Private or Confidential; Anonymity.
Content is not private or confidential and may be read, collected, and used by others. To better protect your privacy, do not include information regarding your identity or contact information in Content that you post or upload to the Service.
2.3 Information Not Advice; No Client-Professional Relationship.
Post on this Service are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional advice. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits.
Communications facilitated by the Service do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Service are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
2.4 Informed Consent. You represent and warrant that you have read and understood the Terms in their entirety.
3. User Accounts
3.1 User Accounts; Restricted Activities; Suspension or Termination of Service. When you register as a User on the Service, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Day of any unauthorized use of your password or account. You should only create one account on the Service. If any Day account of yours has been suspended or terminated, you may not open another account on the Service.
Any content you provide on the Service and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state, or local law, statute, ordinance, regulation or ethical code, including the rules and regulations of your educational institution; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (g) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. Furthermore, you may not resell or make any commercial use of our system or the content on the Service without Day's prior written consent. You are prohibited from soliciting Users of this Service for any purpose (including inviting other Users to contact you off of the Service or inviting Users to participate in a website that competes with Day or the Service)
At any time, without notice, for any or no reason, Day reserves the right to refuse service to anyone, to modify or discontinue any portion or all of the Service, and to suspend or terminate Users’ accounts.
Day would not and never charge User for accessing our Service in general. All the Service that available at Day are free to User.
3.3 Termination of your Account. You can terminate your account at any time by contacting us at support@Day.com. Day reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
3.4 Password. When you create an account on the Service, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Day immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Legal Statements
Users are responsible for their acts and omissions and content placed on the Service. Because the Service is a venue, in the event that you have a dispute with one or more Users, you release Day (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4.2 Proprietary Rights in Website Content; Limited License. (a) Day does not claim any ownership rights in the Content. After posting your Content to the Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing or otherwise posting any Content on or through the Service, you hereby grant to Day a limited license to use, publicly display, read, parse, alter or rearrange, reproduce, sell and distribute such Content solely on and through the Service.
(b) The license you grant to Day is non-exclusive (meaning you are free to license your Content to anyone else in addition to Day), fully-paid and royalty-free (meaning that Day is not required to pay you for the use on the Service of the Content that you post), sublicensable (so that Day is able to use its affiliates, publishing partners and subcontractors such as Internet content delivery networks to provide the Service), and worldwide (because the Internet and the Service are global in reach). This license will terminate at the time you remove your Content from the Service. YOU REPRESENT AND WARRANT THAT (i) YOU OWN THE CONTENT POSTED BY YOU ON OR THROUGH THE SERVICE OR OTHERWISE HAVE THE RIGHT TO GRANT THE LICENSE SET FORTH IN THIS SECTION, AND (ii) THE POSTING OF YOUR CONTENT ON OR THROUGH THE SERVICE DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON. YOU FURTHER REPRESENT AND WARRANT THAT THE CONTENT POSTED BY YOU IS (i) YOUR OWN UNIQUE PRESENTATION, ORGANIZATION AND INTERPRETATION OF COMMONLY AVAILABLE FACTS; (ii) NOT A VERBATIM TRANSCRIPTION OF MATERIAL WRITTEN OR PRESENTED BY ANY UNIVERSITY EMPLOYEE; AND (iii) OTHERWISE FREE FROM COPYRIGHT. YOU AGREE TO PAY FOR ALL ROYALTIES, FEES, AND ANY OTHER MONIES OWING ANY PERSON BY REASON OF ANY CONTENT POSTED BY YOU TO OR THROUGH THE SERVICE.
(c) The Service contains Content of Day (the “Company Content”). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and Day owns and retains all rights in Day Content and the Service. Day hereby grants you a limited, revocable, non-sublicensable license to reproduce and display Day Content (excluding any software code) solely for your personal use in connection with viewing the Service.
(d) The Service contains Content of Users and other Company licensors. Except for Content posted by you, you may not modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service except in connection with your use of the Service unless approved in writing by Day. You understand and agree that monetary damages may be inadequate to compensate Day for your breach or prospective breach of the preceding sentence. Accordingly, without prejudice to the other rights and remedies otherwise available to Day, you agree and acknowledge that Day shall be entitled to equitable relief, including injunctive relief and specific performance, for any such breach or prospective breach.
4.3 Copyright Policy; Notice of Infringement. (a) You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others except in connection with your use of the Service without obtaining the prior written consent of the owner of such proprietary rights. It is Day's policy to respond to clear notices of alleged copyright infringement.
(b) Day will remove or disable access to material claimed to be the subject of infringing activity. If Day removes or disables access in response to such a notice, Day will make a good-faith attempt to contact the provider of the allegedly infringing material so that they may make a counter notification. Day has adopted and implemented a repeat infringer policy whereby Day terminates that account of users who receive more than two counts of infringement.
4.4 Content Posted. (a) Day may delete and/or alter any Content that in the sole judgment of Day violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Day assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time Day chooses, in its sole discretion, to monitor the Service, Day nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Day has the right to delete any content at any time for any reason or no reason at all.
4.5 Eligibility. Use of the Service is void where prohibited. By using the Service, you represent and warrant that (i) all registration information you submit is truthful and accurate, (ii) you will maintain the accuracy of such information, and (iii) your use of the Service does not violate any applicable law or regulation.
4.6 Term. This Agreement shall remain in full force and effect while you use the Service. Day may terminate your account at any time, without warning.
4.7 Disclaimers. Day is not responsible for any incorrect or inaccurate Content posted on or otherwise communicated in connection with the Service, whether caused by Users of the Service or by any of the equipment or programming associated with or utilized in the Service. Profiles created and posted by Users on the Service may contain links to other websites. Day is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Day. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by Day. When you access these third-party sites, you do so at your own risk. Day takes no responsibility for third party advertisements, which are posted on or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers. Day is not responsible for the conduct, whether online or offline, of any User of the Service. Day assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Day is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Day be responsible for any loss or damage, including personal injury or death, resulting from use of the Service from any Content posted on or through the Service, or from the conduct of any Users of the Service, whether online or offline. The Service are provided “AS-IS” and as available and Day expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Day cannot guarantee and does not promise any specific results from use of the Service.
4.8 Agreement; Miscellaneous.
Last updated: June 28, 2018