2. Ownership of the Website
a. Copyright Information and Personal and Non-Commercial Use Limitation
All Materials and the compilation of all content included on this Website are owned or licensed by Daymon and protected by United States and international copyright laws. Daymon does not claim ownership of Copyrights owned by third parties.
b. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to Daymon’s designated agent listed below. For your notice to be effective, it must include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Website; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Daymon to locate the material; (4) Information reasonably sufficient to permit Daymon to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Daymon’s Designated Agent is:
Daymon Worldwide Inc.
Attn: General Counsel
18100 Von Karman Avenue, Suite 1000
Irvine, California 92612
Phone: (949) 797-2900
Fax: (949) 797-9112
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. ALL OTHER INQUIRIES DIRECTED TO THE DESIGNATED AGENT WILL NOT BE ANSWERED.
Daymon owns trademarks for its many goods and services. Daymon trademarks, graphics, logos and service marks are trademarks of Daymon and may not be used without prior written consent of Daymon. All other trademarks, product names, and company names and logos appearing on the Daymon Website are the property of their respective owners.
d. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Daymon in connection with your use of this Website shall be the exclusive property of Daymon. User agrees that unless otherwise prohibited by law Daymon may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
e. Linking, Framing and Inlining
If you have a website and wish to establish temporary or permanent links from your website to this Website, you must link to our homepage only. If you would like to link to another location within our website you will need to receive written permission from us. You may not frame or utilize framing techniques or utilize inlining techniques to display, enclose, or deep link to, any name, trademarks, service marks, logo, Materials or other proprietary information (including; images, text, page layout or form) of Daymon without our express written consent.
3. Privacy and Protection of Personal Information
4. Disclaimer of Warranties, Limitation of Liability, and Indemnification
User expressly agrees that use of Daymon’s Website and service is at User’s sole risk. Neither Daymon, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with Daymon, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of Daymon’s Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Daymon’s Website.
a. Disclaimer of Warranties
THIS WEBSITE IS PROVIDED BY DAYMON ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DAYMON AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DAYMON SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. DAYMON AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES IS AT YOUR SOLE RISK.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DAYMON NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY OF ANY KIND; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
b. Limitation of Liability
DAYMON DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE DAYMON WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE DAYMON WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS WITHIN OR OUTSIDE THE CONTROL OF DAYMON.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAYMON AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE AND/OR ANY HYPERLINKED WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DAYMON OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DAYMON’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT DAYMON AND/OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE DAYMON WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DAYMON SERVICES, FROM INABILITY TO USE THE DAYMON SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DAYMON SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DAYMON WEBSITE OR A HYPERLINKED WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES IS AT YOUR SOLE RISK.
5. Third-Party Links
6. Online Conduct
The User agrees to use the Daymon Website and any e-mail services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Daymon to be in conflict with the spirit or intent of this Website.
8. International Users
The Daymon Website can be accessed from locations around the world. Daymon makes no representations that this Website or the Materials available through it are appropriate for use at other locations outside the United States. Access to this Website from locations where this Website or any of its Materials are illegal is prohibited. If you access this Website from a location outside the United States, you are responsible for compliance with all local and/or international laws.
If you use this Website, you are responsible for maintaining the confidentiality of a personal e-mail account (“Account”) and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. You agree to (a) immediately notify Daymon of any unauthorized use of your password or Account or and other breach of security, and (b) ensure that you exit from your Account at the end of each session. Daymon cannot and will not be held liable for any loss or damage arising from your failure to comply with this section. Daymon reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
11. Applicable Law/Jurisdiction
13. Statute of Limitations
14. Entire Agreement
Date Last Modified: March 2020