|
Terms & Conditions
Effective Date: 1/01/2014
These Terms & Conditions are a legal contract between you and OneDayontheInternet.com (OneDayontheInternet, we, us, or, our) governing the
access or use of this website. OneDayontheInternet maintains your access to this website for your personal information and communication (Services). Your access to and use of this website is
subject to the following Terms & Conditions. Please read these Terms & Conditions carefully before accessing or using this website, so that you fully understand your rights and
responsibilities.
Agreement to Terms & Conditions
BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS & CONDITIONS AND THE TERMS OF THE OneDayontheInternet PRIVACY
POLICY, WHICH IS INCORPORATED INTO THESE TERMS & CONDITIONS BY REFERENCE. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS & CONDITIONS, DO NOT ACCESS OR USE THIS WEBSITE.
OneDayontheInternet reserves the right to modify or amend these Terms & Conditions at any time. All changes are effective immediately
upon their posting. Material changes will be posted conspicuously on this website. By accessing the website following posting of changes to the Terms & Conditions, you agree to all such
changes.
Website Content & Use of This Website
The term "Content" refers to any text, graphics, logos, button icons, images, audio or video content, digital or printable downloads,
compilations of the foregoing, or other materials that may appear on or may be produced by the website. Content does not include material that you submit or upload to us in use of our Services
("Submissions").
You may access this website"s Content solely for your personal and noncommercial use, provided you do not delete or modify any copyright,
trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, publish or transmit any of the Content of this website, including for resale or to sell or
promote other products, without the prior written consent of OneDayontheInternet. Those who access this website from states other than Arizona or countries other than the United States are solely
responsible for compliance with the laws of such state or country.
If you have access to a "members only" or other private portion of this website that requires registration, you are responsible for
maintaining the confidentiality of your login information. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITY THAT TAKES PLACE UNDER YOUR USERNAME AND PASSWORD.
You retain your rights to the Submissions that you may submit or upload to us. You grant OneDayontheInternet a worldwide, non-exclusive,
royalty-free license to use, make, reproduce, modify, publish, display, transmit, display, and distribute the Submissions in any and all media, with a right to sub license the foregoing solely for
purposes of providing you the Services.
Impersonation and Multiple Accounts
If you register for our "members only" Services, you must use your own identity and personal information to sign up; any impersonation is
prohibited. OneDayontheInternet reserves the right to make inquires concerning your identity. You agree not to create multiple accounts for any reason.
OneDayontheInternet Intellectual Property Rights
Copyright 2010 OneDayontheInternet. All rights reserved.
All Content and the design, selection, and arrangement thereof, except for Submissions submitted by website users, in any medium on this website
are owned by OneDayontheInternet or its third party suppliers or vendors, and is or may be protected by state, federal, or international law. The distinctive and original layout and presentation of
this website also constitutes protectable trade dress under applicable federal law. In addition, all software used on the website is the property of OneDayontheInternet or its software suppliers
and is protected by United States and international copyright laws.
In addition, many proprietary names and marks belonging to OneDayontheInternet appear throughout this website including, without limitation,
OneDayontheInternet. This website may also contain references to third party marks, which are the property of their respective owners.
Any unauthorized use of any copyrighted Content, trade dress, marks, or any other intellectual property belonging to OneDayontheInternet or any
third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
Third party Intellectual Property Rights
OneDayontheInternet respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has
been copied in a way that constitutes infringement, please provide OneDayontheInternet the following information, in the form prescribed by Section 512 of Title 17, United States Code:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work or works that you claim have been infringed;
- a description of the allegedly infringing material, including its location on the website;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
- You and OneDayontheInternet understand and agree that: (1) OneDayontheInternet assumes no liability or responsibility for any
Submissions of any kind by you, another user, or any third-party including, without limitation, Submissions submitted to any bulletin boards, chat rooms, pad posts, media uploads, or surveys on the
website, etc.) by you or by any other users or third parties and (2) OneDayontheInternet is a publisher of any such Submission, and is acting solely as an Internet Service Provider, as such term is
defined in the Digital Millennium Copyright Act.
. We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use
it. In particular, the lawyers want you to know that our disclaimer includes "direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site.
Without limiting the foregoing, everything on the site is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
Pad Messages, Bulletin Boards, Chat Rooms, Media Uploads and Other Interactive Areas
OneDayontheInternet may provide messaging functionality, bulletin boards, chat rooms, media albums/folders and other interactive areas for its
visitors to participate in. By accessing or using this website, you agree to abide by the following guidelines for use of the bulletin boards, chat rooms and other interactive areas of this
website:
- You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other
individual users or OneDayontheInternet or any of its affiliates.
- Any Submissions that incites violence, contains nudity or graphic violence or is offensive, defamatory, pornographic, obscene, or otherwise
objectionable is prohibited.
- Any conduct that, in OneDayontheInternet's sole discretion, restricts others from using or enjoying the website is prohibited.
- You must not use OneDayontheInternet to engage in an unlawful activity.
- Copyrighted material may only be posted with permission of the author.
- Harvesting or collecting information about others, including e-mail addresses is prohibited.
- You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any
illegal activities.
- You must not upload viruses or other malicious code.
You and other users of the OneDayontheInternet message/bulletin boards, chat rooms, media albums/folders and other interactive areas are solely
responsible for the Submissions and consequences of the messages you communicate or post on this website. You should exercise the utmost discretion before providing any personal information on this
website. Although OneDayontheInternet is not obligated to monitor Submissions or the accuracy of information, you acknowledge and agree that OneDayontheInternet, in its sole discretion, has the right to
monitor, suspend, and remove, without notice, any such Submissions or information posted on this website.
OneDayontheInternet Modification, Revocation, or Blockage
OneDayontheInternet has the right but not the responsibility, in its sole and absolute discretion, for any reason and without notice, to:
- change a user's username, alias, user identity, or other identifier as OneDayontheInternet deems necessary to prevent any infringement or
impersonation;
- to prohibit or remove any conduct or Submissions;
- to revoke and/or suspend any user's membership;
- to block any user's access to the website; or
- terminate this agreement with you.
Termination
You may terminate this agreement, for any or no reason, at any time, with notice to OneDayontheInternet.
OneDayontheInternet may terminate this agreement for any reason or no reason, at any time, with or without notice. Termination of your
OneDayontheInternet account includes disabling your access to OneDayontheInternet, and privileges to post Submissions to the website, and may also bar you from any future use of OneDayontheInternet.
All users of this website must also follow any other guidelines or rules posted on this website. A failure to comply with any of these
guidelines or rules, or any of the other provisions of these Terms & Conditions, will result in, among other possible action, the immediate termination of all membership and privileges to post
Submissions to the website.
Please report any violations of these guidelines to OneDayontheInternet, as provided for in the "Contacting Us" paragraph of these Terms
& Conditions.
Effect of Termination or Deactivation
The terms of these Terms & Conditions survive any termination, except "Website Content," and "Bulletin Boards, Chat Rooms and
Other Interactive Areas" hereof.
If your membership is revoked, your access is blocked, your account deactivated or deleted, or this agreement terminated due to your breach of
these Terms & Conditions, any money due to you as a result of participating in a OneDayontheInternet program or Services will be forfeited as of the time and date of the breach.
Third Party Websites and Linking
This website may link to, or be linked to, other websites not maintained by or related to OneDayontheInternet. Such links are provided only
as a service to our visitors. OneDayontheInternet is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless
otherwise specifically stated. OneDayontheInternet has not reviewed any linked or linking websites and is not responsible for the content, accuracy, or policies of any such websites. Your
linking to any other pages or websites is at your own risk.
If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1) the link must
be a text-only link clearly marked; (2) the link must "point" to the URL "https://OneDayontheInternet.com" and not to any other pages; (3) the link must be in connection with a
website of appropriate subject matter; (4) the link may not be such that may damage or dilute the goodwill associated with OneDayontheInternet's names and marks; (5) the link, and use thereof, may
not create the false appearance that an entity other than OneDayontheInternet is associated with or sponsored by OneDayontheInternet; and (6) the link, when activated by a user, must display this website
full-screen and not with a "frame" on the linked website. OneDayontheInternet reserves the right to revoke consent to the link at any time in its sole discretion. OneDayontheInternet also
reserves its legal rights and remedies against third-parties for any cause of action predicated on linking to this website.
No Liability
IN NO EVENT IS ONEDAYONTHEINTERNET OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS
INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY CONTENT, SUBMISSIONS, MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES
OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THIS WEBSITE, YOUR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE
OR MATERIALS PROVIDED ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONEDAYONTHEINTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
EXCEPT AS MAY BE PROHIBITED BY LAW, ONEDAYONTHEINTERNET IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH REMITTING OR ARISING FROM YOUR USE OR MISUSE
OF THIS WEBSITE OR ANY SERVICES AVAILABLE VIA THIS WEBSITE. ONEDAYONTHEINTERNET HAS NO LIABILITY IN DISPUTES ARISING OUT OF YOU ENGAGING IN A TRANSACTION WITH A THIRD-PARTY.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
FURTHERMORE, IN NO EVENT WILL ONEDAYONTHEINTERNET'S LIABILITY TO YOU ARISING FROM OR OTHERWISE RELATED TO THE WEBSITE OR YOUR USE OF THE
WEBSITE EXCEED $5.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. ONEDAYONTHEINTERNET IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE
WEBSITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not
apply to you.
No Warranty
THIS WEBSITE IS PROVIDED BY ONEDAYONTHEINTERNET ON AN "AS IS" BASIS. OneDayontheInternet does not warrant or guarantee that files or
other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.
ONEDAYONTHEINTERNET DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. ONEDAYONTHEINTERNET MAKES NO WARRANTY OR REPRESENTATION REGARDING THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR USE OF SERVICES, CONTENT, MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY,
COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS WEBSITE OR ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THIS WEBSITE. OneDayontheInternet has no
responsibility for the timeliness, accuracy, deletion, mis-delivery or failure to store any user communication.
NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION ONEDAYONTHEINTERNET,
WILL BE RESPONSIBLE FOR THE CONDUCT OF USERS OF THIS WEBSITE OR FOR INFORMATION POSTED OR EXCHANGED ON THIS WEBSITE.
You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data
downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that
results from the download of such material, information or data, and for any other form of damage that may be incurred.
No advice or information, whether oral or written, obtained by you from OneDayontheInternet or in any manner from this website, creates any
warranty.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ONEDAYONTHEINTERNET, ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS
FROM ANY AND ALL LOSSES, EXPENSES, LIABILITIES, DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES), ARISING FROM OR RELATED TO ANY THIRD PARTY INJURIES, DAMAGES, CLAIMS, ALLEGATIONS,
DEMANDS, OR SUITS, AS A RESULT OF YOUR USE OR MISUSE OF THIS WEBSITE OR ANY SERVICES PROVIDED VIA THE WEBSITE, YOUR USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS
WEBSITE, OR YOUR VIOLATION OF THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION, YOU IMPERSONATION OR HARASSMENT OF ANY THIRD PARTY AND YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER
RIGHT OF ONEDAYONTHEINTERNET OR ANY OTHER PERSON OR ENTITY.
Disputes
Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises. In the
event of any dispute, the prevailing party is entitled to recovery of its reasonable attorneys' fees and costs.
Arbitration
Any disputes will be resolved by final and binding arbitration under the rules and procedures of the American Arbitration Association, to be held
in Fort Worth, Texas.
Entire Agreement
These Terms & Conditions, together with the OneDayontheInternet Privacy Policy constitute the entire agreement between you and
OneDayontheInternet with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any
waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by OneDayontheInternet. These Terms & Conditions will inure to the benefit of
OneDayontheInternet's successors and assigns.
Nothing in this agreement creates an agency, partnership, or joint venture between you and OneDayontheInternet.
Applicable Law
By using the website, you agree that these Terms & Conditions are governed by and construed and enforced in accordance with the laws of the
State of Texas, excluding its laws relating to conflicts of laws. The exclusive venue for any dispute relating to these Terms & Conditions is Tarrant County, Texas. You and we consent to
the personal jurisdiction of these courts.
If a court or arbitrator deems any provision of these Terms & Conditions unenforceable or invalid, such provision will be severed from this
Agreement and the other provisions will remain in full force and effect.
Nothing in this agreement limits either party's ability to seek equitable relief.
Contacting Us
If you have any other questions or concerns regarding these Terms & Conditions, please contact us at:
Attention: Terms & Conditions
One Day On the Internet. 9964 Sourwood, Fort Worth, Texas 76244.
|