PLEASE READ THESE CONTENT POLICY TERMS CAREFULLY. BY ACCESSING OR USING DAYSMART APPOINTMENTS, YOU AGREE TO BE BOUND BY THE POLICY TERMS DESCRIBED HEREIN AND ALL OTHER TERMS INCORPORATED BY REFERENCE, INCLUDING THE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE DAYSMART APPOINTMENTS.
DaySmart Appointments enables account holders to create and publish web pages that are hosted by DaySmart Appointments to facilitate the scheduling of appointments and reservations via the web (the "Account Pages"). DaySmart Appointments also provides options to upload images and documents to the Account Pages. DaySmart Appointments does not approve or control such Account Pages and does not routinely review or monitor such Account Pages. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with or through any Account Pages and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the operator or users of such Pages. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT DAYSMART APPOINTMENTS IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY ACCOUNT PAGES OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY ACCOUNT PAGES OR UPLOADED CONTENT.
The Account Pages facilitate scheduling, communication, and commercial expression. DaySmart Appointments respects your rights and does not wish to censor any text, images, data, information, photos, music, video, graphics, messages or other items or materials ("Content") posted on or uploaded to the Account Pages. However in order to allow the continued use of a wide variety of content, DaySmart Appointments has established rules that certain types of content are not to be hosted and/or uploaded to the DaySmart Appointments system (the "Content Policy"). Please note that these rules do not create any third party rights or create any private right of action or any law enforcement rights, but may be enforced solely by DaySmart Appointments in its sole discretion. The decision by DaySmart Appointments not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations. Nothing herein is meant to create an obligation for DaySmart Appointments to monitor content.
By using the Service, you agree that:
- You may not upload, publish, post, distribute or disseminate any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
- You may not upload, publish, post, distribute or disseminate any content that is otherwise deemed as pornographic and/or obscene by DaySmart Appointments. This includes but is not limited to commercial pornography, pedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. DaySmart Appointments will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies upon discovery. Users may not use DaySmart Appointments to create Pages containing content, such as pornography or violence, that is not generally thought to be appropriate for viewing by children ("Adult Content") nor may they use DaySmart Appointments and/or the DaySmart Appointments Subdomains for hosting and/or distributing and/or publishing Adult Content, including the use of the service for items such as Prostitution Services.
- You may not upload, publish, post, distribute or disseminate any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
- You may not upload, publish, post, distribute or disseminate any material that constitutes a direct threat of violence against any person or group of people.
- You may not upload, publish, post, distribute or disseminate any material that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
- You may not upload, publish, post, distribute or disseminate any third party files and or content that contain material, in any form, protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents. You may not post private individual or company information without the expressed permission of such parties.
- You may not knowingly violate the intellectual property rights of a third party on any user site.
- You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- You may not use DaySmart Appointments for the transmission of spam and/or any type of viral marketing and/or phishing scheme.
- You may not use affiliate links to third party sellers who have not approved you into their affiliate programs.
- You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content contained in a file that is uploaded, downloaded, published, posted, distributed or disseminated using DaySmart Appointments.
- You may not use DaySmart Appointments to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
- You may not upload, publish, post, distribute or disseminate any material that is used for unlawful purposes or for the promotion of dangerous and illegal activities.
DaySmart Appointments takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DaySmart Appointments liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or offensive Content you may encounter on any Account Pages. Your use of the Account Pages is at your own risk. As a provider of interactive services, DaySmart Appointments is not liable for any statements, representations or Content provided by its users or other third parties. Although DaySmart Appointments has no obligation to screen, edit or monitor any of the Content posted by users and third parties, DaySmart Appointments reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Account Pages at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Violation of any part of the Content Policy may lead to immediate termination or suspension of your account and/or deletion of your Content and/or you may be reported to the appropriate authorities with or without notice to you.
If you post Content to the Account Pages, unless we indicate otherwise, you grant DaySmart Appointments and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content solely in connection with hosting your Account Pages and otherwise providing and promoting the Site and the Service and exercising the rights granted in these Terms. You grant DaySmart Appointments and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
USE AND STORAGE
Materials uploaded to DaySmart Appointments may be subject to posted limitations on usage, reproduction and/or dissemination. DaySmart Appointments retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. You are responsible for adhering to such limitations. ADDITIONAL CHARGES MAY APPLY DEPENDING ON SUCH LIMITATIONS AS POSTED AND CHANGED FROM TIME TO TIME.
You agree that DaySmart Appointments has no responsibility or liability for the deletion of or the failure to store or to transmit any Content maintained by DaySmart Appointments and you are solely responsible for creating backup copies of and replacing any Content you post, maintain or store on the Site at your sole cost and expense.
LINKS TO THIRD PARTY PAGES
Various DaySmart Appointments Account Pages (including under DaySmart Appointments Subdomains) may contain the ability to create links to third party web pages, including web links, third party text, video feeds (podcasts), offers, and software applications (including widgets) (collectively referred to as "Links"). The Links and third parties are not under the control of and/or owned by DaySmart Appointments and DaySmart Appointments is not responsible for the contents of any Links, including without limitation any link contained in the Links, or any changes or updates to the Links. DaySmart Appointments is not responsible for webcasting or any other form of transmission received from any Links. The Links are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. DaySmart Appointments provides the link capability to you only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. The inclusion of any link does not imply endorsement by DaySmart Appointments of the site or any association with its operators. You acknowledge and agree that DaySmart Appointments may disable your use of or remove any Links on DaySmart Appointments accounts or a DaySmart Appointments Subdomain to the extent that they violate this Content Policy.
Similarly, DaySmart Appointments may rely on external components provided by a third party to provide some level of functionality. This functionality may make a particular feature of DaySmart Appointments dependent on the external component; or the DaySmart Appointments system may be completely dependent on the external component for operation. In any case, DaySmart Appointments makes no warranties, claims, or provision for any third party components.
You are responsible for making any and all appropriate licensing arrangements with any third party external component providers that are used in conjunction with your DaySmart Appointments Subdomain.
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StormSource Software, Inc.