Terms of Use – Your Responsibilities and Rights Matter
These Terms of Use govern your access to and use of DAYCATCHER. They form an integral part of the DAYCATCHER Terms of Service.
What are your responsibilities?
You are responsible for your use of DAYCATCHER and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via DAYCATCHER or obtained by you through DAYCATCHER is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via DAYCATCHER or endorse any opinions expressed via DAYCATCHER.
You understand that by using DAYCATCHER you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. You can report such cases to us for verification. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via DAYCATCHER and, we cannot take responsibility for such Content.
When using DAYCATCHER:
- You must be at least 16 years old to use the Service.
- You may not post violent, discriminatory, unlawful, infringing, hateful, nude, partially nude or sexually suggestive photos or other content.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
- With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, DAYCATCHER prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
- You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You must not solicit, collect or use the login credentials of others.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post personal or confidential information via DAYCATCHER, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of DAYCATCHER and your Content (defined above), including but not limited to, intellectual property, copyright and trademark laws.
- You are solely responsible for your conduct and any data, text, information, usernames, images, graphics, photos, profiles, links and other content or materials (collectively, “Content”) that you submit, post or display on or via DAYCATCHER
- You must not interfere or disrupt DAYCATCHER or servers or networks connected to DAYCATCHER, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any DAYCATCHER page is rendered or displayed in a user’s browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not use DAYCATCHER for the purpose of marketing or selling goods or services.
- You must neither impose barriers to participate in quests nor make participations in quests in any way dependent on monetary transfers,, buying products or services or information transactions. Quests always need to comply with local competition laws.
- You must not instigate others to do anything which is discriminatory, infringing, hateful, violent or leads to any kind of unethical or unlawful activities (or which could be interpreted as such).
- You must not attempt to restrict another user from using or enjoying DAYCATCHER and you must not encourage or facilitate violations of these Terms of Use or DAYCATCHER Terms of Service overall.
- Violation of these Terms of Use may, in DAYCATCHER’s sole discretion, result in removing content up to termination of your account which includes removing all of your content.
- You understand and agree that DAYCATCHER cannot and will not be responsible for the Content posted and you use the DAYCATCHER at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for DAYCATCHER, we can stop providing all or part of the service to you.
- You must comply with DAYCATCHERS Community Guidelines
How will intellectual property rights be respected?
DAYCATCHER respects the intellectual property rights of others and desires to offer a platform, which contains no content that violates those rights. Our terms of use require that information posted by members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, DAYCATCHER provides functionality to report abuse concerning content posted by our members.
Please note that whether or not we disable access to or remove content, DAYCATCHER may make a good faith attempt to notify the member who posted the content and/or take other reasonable steps to notify the member that DAYCATCHER has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to deactivate and/or terminate the accounts of members who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Will DAYCATCHER ever change?
Possibly. We will have the right but not the obligation to adapt, amend, modify, change, improve or enhance DAYCATCHER at any time and in our sole discretion.
What rights do you have?
We give you a personal, non-assignable non-exclusive license to access and use DAYCATCHER. This license has the sole purpose of enabling you to use and enjoy it, in the manner permitted by these Terms of Service.
DAYCATCHER is protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use the DAYCATCHER name or any of the DAYCATCHER trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest on the platform (excluding Content provided by users) are and will remain the exclusive property of DAYCATCHER and its licensors. Any feedback, comments, or suggestions you may provide regarding DAYCATCHER is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Can my use of DAYCATCHER be terminated?
These Terms will continue to apply to your use of DAYCATCHER until terminated by either you or us, as follows:
You may terminate these Terms at any time for any reason by discontinuing your use of DAYCATCHER and deleting your account. Please note that already paid membership fees will not be reimbursed.
We may suspend or terminate your account and decline any future access at any time for any or no reason, without any financial obligations including, but not limited to, if we reasonably believe you have breached these Terms, you create risk or possible legal exposure for us.
We reserve the right to discontinue DAYCATCHER (or any capability, feature or functionality thereof) at any time in our sole discretion without responsibility or liability to you.
We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.
How is DAYCATCHER available?
We will use our commercially reasonable efforts to make DAYCATCHER available to you twenty-four hours a day, seven days a week. However, we will not be obliged to make it available to you. We do not represent, warrant or guarantee that the DAYCATCHER will always be available or run uninterrupted. We have the right to interrupt access to and use of the DAYCATCHER at any time if necessary (e.g. for updates, maintenance, corrections, security risks, risks of improper use, etc.).
HOW IS OUR WARRANTY EXCLUDED?
WE PROVIDE DAYCATCHER “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MIGHT APPLY TO DAYCATCHER, HAVE ANY EFFECT BETWEEN YOU AND US OR WOULD OTHERWISE BE IMPLIED IN OR INCORPORATED INTO THESE TERMS, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, ARE HEREBY EXCLUDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE PROVISION, QUALITY, FITNESS FOR PURPOSE, USABILITY, AVAILABILITY, TIMELINESS, ACCURACY, CORRECTNESS, COMPLETENESS AND UP-TO-DATENESS OF DAYCATCHER ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DO NOT REPRESENT, WARRANT OR GUARANTEE THAT DAYCATCHER CONTENT WILL BE ACCURATE, COMPLETE, LEGAL, RELIABLE OR AVAILABLE, OR THAT DAYCATCHER WILL BE UNINTERRUPTED OR ERROR FREE. WE ALSO DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR INAVERTEDLY MODIFYING, MUTILATING, DESTROYING, DELETING, LOSING OR FAILING TO STORE ANY CONTENT SUCH AS TEXT, GRAPHICS OR VISUAL MATERIAL YOU UPLOAD, POST, SHARE OR OTHER-WISE MAKE AVAILABLE ON DAYCATCHER.
HOW IS OUR LIABILITY LIMITED?
TO THE MAXIMUM PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND THIRD-PARTY SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, FOR BREACH OF ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY RESULTING FROM OR IN CONNECTION WITH DAYCATCHER OR ANY USE THEREOF, INCLUDING ANY COSTS AND EXPENSES, LOSSES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR LOSS OF USE, EVEN IF WE OR OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
