Day Life7 - showcase your dancing, instrumental, and vocal talents

Terms and Conditions

DayLife7.com is an online service that allows Members to submit videos, photos, and other communications and publish them for viewing by friends and the general public. The Services offered by DayLife7.com ("DayLife7" or "we" or “us”) include the DayLife7 Website (the "Website”) and any other features, content, or applications offered from time to time by DayLife7.com in connection with the Website (together referred to as the "Services").

These Terms of Use ("Agreement") are an electronic contract for your use of the Services. By using the Services, you agree that you are legally bound by these terms, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with DayLife7). The term "User" refers to you if you are either a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by this Agreement and all applicable laws. By accessing the Website or the Services, you consent to receive this Agreement in electronic form only. Please read this Agreement carefully and save a copy. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member and make use of the Services, you must read this Agreement and click on “I ACCEPT” at the end of this document before Registration.

DayLife7 may modify this Agreement from time to time. Any modification will take immediate effect upon posting by DayLife7 on the Website. You agree that you will be bound to any changes to this Agreement when you use the Services, after any modification has been posted and made available on the Website. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose the information you post and provide to other Users very carefully. Your DayLife7 Content MAY NOT include the following items: telephone numbers, street addresses, last names. You may not post any images containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. While these are not allowed, it is possible that you may come across information posted by other DayLife7 Members (for instance, in Content submitted by them) which may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. We will make every effort to prevent this, however, you agree that DayLife7 assumes no responsibility or liability for exposure to these types of materials. If you become aware of misuse of the Services by any person, please contact us by clicking on the "Report Inappropriate Content" link at the bottom of any DayLife7 page.

DayLife7 reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting or communication by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

You Must Be Eligible To Be A User. By using the Services, you are representing that the following is true and accurate: (a) all registration information you submit is true and accurate; (b) you will maintain the accuracy of your registration information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your account may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age. If you are between the ages of 13 and 18, your use is subject to parental permission and we reserve the right to require a parent’s email address and email approving use, before giving you access. If you are over the age of 18, you represent that you have the legal right, authority and capacity to enter into this Agreement and abide by all its terms and conditions. Use of and Membership in the Services is void where prohibited. Organizations, companies and/or businesses may not become Members and may not use the Service or the Website for any purpose.

This Agreement Lasts During And After Your Use Of The Website. This Agreement shall be in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. DayLife7 may terminate your Membership at any time, without warning. However, even after Membership is terminated, the terms of this Agreement will continue to legally apply, including sections 5-17.

We Charge Fees For Some Services, And Refunds Are Limited. You may use parts of the Website and Services at no cost. While some Services and uses are free, you understand and agree that DayLife7 reserves the right to charge for the Services and to change its fees from time to time in its discretion. In order to access some features and post Content, you must become a paying subscriber to the Service. Please see Fees for a description of the current subscription plans and prices. Membership fees and fees for premium access areas, if any, are nonrefundable. If you attempt to post prohibited Content (see paragraph 9) and we remove it or fail to authorize its posting, you are not entitled to a refund of your fees. If we terminate your Membership because you have violated any of the terms of this Agreement, you shall not be entitled to a refund of any of your fees. However, if you are technically unable to upload your Content (after requesting and receiving technical support from us no later than 48 hours after your first attempt to post) and you continue to be unable to upload permitted Content, we will refund any charges associated with your failed posting. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes, and any other charges imposed by any jurisdiction as a result of paying to use the Website and/or the Services.

You Are Responsible For Your Account And Your Password. When you register to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any other person. You agree to notify DayLife7 immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.

Your Use Must Be Noncommercial. The Services are for the personal use of Members only and may not be used commercially, except for those commercial uses that are specifically endorsed or approved by DayLife7. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website, is prohibited. Unauthorized advertisements, affiliate links, and other forms of solicitation may be removed from Member Content without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

Rules Concerning Ownership of Rights In Content On The Website.

You Must Have The Rights To Post Your Content. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, or any other materials (collectively, "Content") on or through the Services, you automatically and immediately grant to DayLife7, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license to us will terminate at the time you remove your Content from the Services. However, even after removal, you understand and agree that a back-up or residual copy of the Content posted by you may remain on the DayLife7 servers after you have removed the Content from the Services, and that DayLife7 retains the rights to those copies. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant us the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other compensation or damages owed to any person or company by reason of any Content posted by you to or through the Services.
We Own The Rights To Our Website And Content. The Services are a copyrightable compilation of Content, including Content provided by DayLife7 ("DayLife7 Content"). The entire compilation, including the DayLife7 Content, is protected by copyright, trademark, patent, trade secret and other laws, and DayLife7 owns and retains all rights in the compilation, the DayLife7 Content, and the Services. DayLife7 hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the DayLife7 Content for your personal use in connection with viewing the Website and using the Services.
Other Users And Advertisers Own The Rights To Their Content. The Services contain Content of Members and Users and other DayLife7 licensors. Except for Content posted by you and “MakeOurStuffYourStuff!” Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
We Will Provide Some Content To Be Used By You To Create Your Own Content, As Long As You Post It On DayLife7. DayLife7 will make some Content available to Members and Users in the “MakeOurStuffYourStuff!” Section, for use in creating your own Content for posting on the Website. DayLife7 grants you a limited, nonexclusive, revocable, nontransferable license to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute any “MakeOurStuffYourStuff!” Content by incorporating it into your own Content for posting on the Website. This license will terminate at the time you remove such Content from the Services. This license DOES NOT include the right to sell, or to post such Content on any other website.

We Have A Right To Remove Content. DayLife7 may delete any Content that in the sole judgment of DayLife7 violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. DayLife7 assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time DayLife7 chooses, in its sole discretion, to monitor the Services, DayLife7 nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

We Do Not Routinely Monitor Content Or Endorse Any Content. DayLife7 does not endorse posted Content and has no ability to control the contents of any posted Content. Content is not routinely reviewed by DayLife7 prior to posting and does not reflect the opinions or policies of DayLife7 as an organization. DayLife7 makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. You are responsible for the Content that you post on or through the Website or Services, and any material or information that you transmit to other Members and for your interactions with other Users.

List of Prohibited Types Of Content. The following lists types of Content that you MUST NOT post on the Website or the Services. DayLife7 reserves the right to investigate and take appropriate legal action against anyone who, in DayLife7's sole discretion, violates this provision, including the immediate removal of Content from the Services and/or termination of a Membership, while Content is being reviewed for prohibited conduct or for taking legal action. Prohibited Content includes, but is not limited to Content which:

promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of a person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
solicits personal information from anyone;
provides any telephone numbers, street addresses, last names, URLs or email addresses;
implies that DayLife7 endorses you or your Content, without our prior written consent;
includes viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer, software, or hardware, or telecommunications equipment;
promotes information that is false or misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing videos of celebrities, or pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
promotes or assists any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information from other Users;
involves commercial activities or sales without our prior written consent, including but not limited to contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a facially recognizable photograph or image of another person that you have posted without first getting that person's written consent; or
uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the posting.

List of Prohibited Activities. The following lists types of activities that you MUST NOT do on the Website or in the use of the Services. DayLife7 reserves the right to investigate and take appropriate legal action against anyone who, in DayLife7's sole discretion, violates this provision, including the immediate removal of Content from the Services and/or termination of a Membership, while an activity or action is being reviewed for prohibited activities, or for taking legal action. Prohibited activities include:

attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your account;
using any information obtained from the Services in order to harass, abuse, or harm another person;
child pornography, fraud, providing or making available any obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, transmission of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, or any other illegal acts;
unauthorized advertising to, or solicitation of, any Member to buy or sell any products or services through the Services;
transmitting chain letters or unsolicited email (“junk” or “spam”) to other Members;
using any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior written consent;
using a robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce the navigational structure or presentation of the Services, or to circumvent the navigational structure or presentation of the Services;
covering or obscuring the DayLife7 advertisements on any DayLife7 webpage, via HTML/CSS or any other means;
removing copyright or trademark notices on any Content in the Services;
forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the Website or the Services;
framing or mirroring any part of the Services or the Website;
using meta tags or codes or other devices containing references to Content or Members on the Services, in order to direct any User to any other web site, for any purpose;
any automated use of the system, such as using scripts;
reverse engineering, deciphering, decompiling, decrypting or otherwise accessing any portion of the Services or the Website which are not intended to be publicly accessible;
interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; or
using the Services in a manner inconsistent with any applicable laws and regulations.

You Owe Us Money If You Spam Any Members. In order to protect our Members from unauthorized advertising and solicitation, DayLife7 reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period. If you violate the terms of this Agreement and send unsolicited bulk communications of any kind through the Services, you acknowledge that you will have caused substantial legal damages to DayLife7, the actual value of which is difficult to ascertain in advance. Therefore, you agree that you will owe DayLife7 $50.00 per communication, for each unauthorized and unsolicited communication you send through the Services, as reasonable compensation for any such harm.

You Should Contact Us For Takedown If You Believe You Or Someone Else Has Been Infringed. It is the policy of DayLife7 to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of notice from the copyright owner or the copyright owner's legal agent. IF YOU BELIEVE YOUR WORK HAS BEEN COPIED AND INFRINGED by posting on the Services, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (vi) 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. DayLife7's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, DayLife7, LLC, 4007 Carpenter Road #152, Ypsilanti, MI 48197. Attn: Copyright Agent; and by emailing copyrightagent@DayLife7.com.

We Do Not Resolve Disputes Between Members. You are solely responsible for your interactions with other DayLife7 Members. DayLife7 reserves the right, but has no obligation, to monitor disputes between you and other Members.

Your Use Of The Services Is Protected By A Privacy Policy. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Our List of Disclaimers. As a condition for using the Service, you agree to the following disclaimers: We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or caused by any of the equipment or programming or computers associated with or utilized in the Services. Content created and posted by Members on DayLife7 may contain links to other websites, and we are not responsible for the Content, accuracy or opinions expressed on such websites, and we do not investigate, monitor or check any such websites for accuracy or completeness. Inclusion of any linked website or address on DayLife7 does not imply approval or endorsement by us. When you access outside addresses and links, you do so at your own risk. We take no responsibility for advertisements posted on the Website or through the Services, and take no responsibility for any goods or services provided by advertisers. We are not responsible for the online or offline conduct of any Member or User. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication or Content. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. The Services are provided "AS-IS" and DayLife7.com expressly disclaims any warranty of fitness for a particular purpose or a warranty of non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.

Our Legal Liability to You Is Limited. UNDER NO CIRCUMSTANCES SHALL DayLife7 BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, AND/OR INCIDENTAL, INCLUDING WITHOUT LIMITATION BODILY INJURY OR DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGE RESULTING FROM COMMUNICATIONS OR CONTACTS, WHICH RESULT FROM USE OF THE SERVICES, ATTENDANCE AT A DayLife7 EVENT, OR IN CONNECTION WITH ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE; AND INCLUDING LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LEGAL LIABILITY TO YOU FOR ANY REASON WHATSOEVER IS LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO DayLife7, FOR SERVICES RENDERED DURING YOUR TERM OF MEMBERSHIP.

U.S. Export Laws Apply To Downloads Of Some Software. Software available in connection with the Services (the "Software") may be regulated under United States export control laws. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that any download or use you make is not in violation of law.

If You Have A Dispute With Us, You Agree To Arbitrate It Before Going To Court. If there is any dispute about or involving our Services, you agree that the dispute shall be governed by the laws of the State of Michigan without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Michigan, City of Ann Arbor. You agree that any dispute between DayLife7 and you arising out of or in connection with this Agreement or the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA), with arbitration proceedings to be located in Ann Arbor, Michigan, with costs of the arbitrator to be borne equally by the parties.

You Indemnify Us And Hold Us Harmless Against Damage Caused By Your Use. You agree to indemnify and hold DayLife7, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any other person or company due to or arising out of or in connection with your use of the Services, whether in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above, and/or if any Content that you post on the Website or through the Services causes DayLife7 to be liable to another.

How We Handle Charges And Online Billing For Your Account. DayLife7 bills you through an online account (“your Billing Account”) for some uses of the Services. You agree to pay DayLife7 for all charges at the prices then in effect, for any Services used by you or other persons, associated with your Account, and you authorize us to charge your chosen payment provider (your "Payment Method") for the Services. You agree to make payment using that selected Payment Method. YOU AGREE THAT WE MAY SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, FOR SERVICES REQUESTED UNDER YOUR ACCOUNT, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE RECEIVED YOUR CANCELLATION. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR MEMBER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT PERSONAL SETTINGS. IF YOU FAIL TO PROVIDE US WITH ANY OF THIS INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICES UNDER YOUR BILLING ACCOUNT UNTIL YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICES.

You Guarantee Your Payment Regardless of Payment Method. The legal terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you nevertheless agree to pay all amounts due on your Billing Account, upon written demand. You agree that we may accumulate charges incurred and submit them together as one or more charges during or at the end of each billing cycle. You also agree to pay any costs of collection on billed but uncollected amounts, including our reasonable attorneys fees, and interest in the amount of 1.5% per month, while any uncollected amounts remain unpaid. To terminate your authorization or change your Payment Method, go to Personal Settings.

We Are Not Your Agent Or Employer, And Vice Versa. You agree that there is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and DayLife7, either created by this Agreement, or by use of the Services.

Other Terms You Agree To. You agree that these Terms Of Use are accepted upon your use of the Website or any of the Services, and are re-affirmed and re-accepted in their then-current form, when and if you become a Member, and each subsequent time you use the Services. This Agreement constitutes the entire agreement between you and DayLife7 regarding the use of the Services. The failure of DayLife7 to exercise or enforce any right under this Agreement shall not operate to prevent DayLife7 from enforcing its rights at a later or different date. The section titles in this Agreement are for your convenience only and have no legal effect. DayLife7 is a trademark of DayLife7, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The parties expressly agree to exempt this agreement, and its enforcement, from the UN Convention on Goods, and have requested that this Agreement and all related documents be drawn up in English. Les Parties ont demande que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.

Please contact us at: support@DayLife7.com with any questions regarding this Agreement.

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