TERMS AND CONDITIONS FOR DAYTODAY BY TAURANAC, INC.
The effective date of these Terms is August 14, 2023.
Welcome to DayToday, a product of Tauranac, Inc. Doing Business As DayToday. The following terms and conditions ('Terms') govern your access to and use of our social media service, including any content, functionality, and services offered on or through https://day.today ('Website') or our mobile applications ('App').
2. Ownership and Content
By submitting or posting content on or through the Website or App, you hereby grant Tauranac, Inc. a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website, App and Tauranac, Inc.'s business, including without limitation for promoting and redistributing part or all of the Website or App. You understand and agree that you are solely responsible for any content you post or submit.
3. User Location
By using the Website or App, you agree to allow Tauranac, Inc. to collect, use, store, and distribute your location information for any purpose whatsoever, in perpetuity, including but not limited to, providing and enhancing features of the Website or App, marketing, and any other business or commercial purpose.
4. Intellectual Property Rights
The Website, App, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tauranac, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Website, App or any content on the Website or App is transferred to you, and all rights not expressly granted are reserved by Tauranac, Inc.
6. Content Standards and Enforcement
In using our Website or App, you agree not to post, upload, transmit, distribute, store, create or otherwise publish any messages, comments, links, or content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;\nMay infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;\nContains or depicts sexual content, promotes violence or illegal activities, or is otherwise inappropriate as determined by us in our sole discretion.
You understand and agree that Tauranac, Inc. has the right, but not the obligation, to monitor any content you post on the Website or App. We may remove or modify any content that, in our opinion, violates these Terms, our policies, or is otherwise objectionable, harmful, or inappropriate. We may also, at our sole discretion, limit or revoke the revoke the use privileges of any user who posts such content or engages in other behavior that we deem harmful, offensive, or inappropriate.
We cannot and do not assure that other users are or will be complying with the foregoing content standards, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
By using the Website or App, you understand and accept this right to enforce the above standards and to remove or modify content, or limit or revoke user privileges, at our discretion.
7. Contact Us
For any queries or concerns, please visit day.today/support.html to contact us. We aim to resolve any issues as soon as possible. Any notices of copyright infringement should also be sent through the support portal.
We may revise and update these Terms from time to time in our sole discretion. Your continued use of the Website or App following the posting of revised Terms means that you accept and agree to the changes.
By using our Website or App, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use our Website or App.
10. Compliance with Children's Online Privacy Protection Act
By accessing or using the Website or App, you attest that you are at least 13 years old. Tauranac, Inc. does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, except as permitted by the Children's Online Privacy Protection Act (COPPA).
We may employ age verification methods to ensure compliance with this policy. Users found to be under the age of 13 without proper parental consent will have their access revoked, and any information collected will be deleted in accordance with applicable laws.
If you are a parent or guardian and believe that your child under the age of 13 has provided personal information to us without your consent, please contact us through day.today/support.html so that we may take appropriate steps to remove such information.
Your compliance with this section is a condition of your access and use of the Website or App. Failure to comply with this section may result in termination of access to the Website or App.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Tauranac, Inc. reserves the right to enforce these Terms. Violations of any of the Terms may result in suspension or termination of access to the Website or App. Legal actions may also be taken if necessary.
13. Dispute Resolution through Binding Arbitration
By using the Website or App, you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website or App shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court. The arbitration will be administered by a nationally recognized arbitration organization under its rules, including the Optional Rules for Emergency Measures of Protection.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Unless both you and Tauranac, Inc. otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
You are responsible for paying any arbitration filing fees and arbitrator's fees and costs consistent with the rules of the administering organization. Tauranac, Inc. will pay all other fees and costs.
Tauranac, Inc. DBA as DayToday