Updated May 22'nd, 2015
End User License Agreement
The use of the Dials App is governed by the following end user license agreement. By downloading and using the mobile app, you acknowledge that this end user license agreement is between you and DayDials, not Apple, and that DayDials, not Apple, is solely responsible for the App.
Modification: DayDials reserves the right, at any time, to modify, suspend, or discontinue the DayDials Services or the App or any part thereof with or without notice. In the future we may offer additional services, features, functionalities and in-app purchases. You agree that DayDials will not be liable to you or to any third party for any modification, suspension, or discontinuance of the DayDials Services or the App or any part thereof.
Ownership: The App provided to you is licensed to you and not sold. DayDials (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the DayDials Services and the App. These Terms of Service are not a sale and they do not convey to you any rights of ownership in or related to the App. The DayDials name, logo, and the product names associated with the DayDials Service belong to DayDials, Inc. (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. DayDials (and its licensors, where applicable) reserve all rights not granted in this Agreement.
Registration and Privacy
You are solely responsible for maintaining the confidentiality of your password. You must notify us immediately of any unauthorized use of your Account Information or the Application.
Use and Restrictions
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to design, structure, "look and feel" and arrangement of the content available on the Application (collectively, "Application Content") is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may not use the Application for illegal or unlawful or malicious activities or for activities that we deem improper for any reason whatsoever in our sole judgment. While using the Application you may not: (a) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (b) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (c) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Application; (d) “frame” or “mirror” any portion of the Application; (e) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Application; (f) harvest or collect information about or from other users of the Application; (g) use the Application for any illegal activity; (h) probe, scan or test the vulnerability of the Application, nor breach the security or authentication measures on the Application or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application; (i) access or use any portion of the Application Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Application Content to any direct or indirect competitor of the Company; (j) use or distribute any Application Content to directly or indirectly create or contribute to the development of any database or product; or (k) facilitate or encourage any violations of this Section.
The Application contains links to other independent third-party web sites and applications (in all cases "Linked Sites"). These Linked Sites are provided solely as a convenience so that you can take advantage of additional services and features that are compatible with our services. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Application. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Warranties, Disclaimers and Limitations of Liability
Warranties, Disclaimers and Limitations of Liability
ALTHOUGH WE MAKE EFFORTS TO PROVIDE AN ACCURATE APPLICATION, THE APPLICATION AND ALL PARTS THEREOF ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". THE COMPANY AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE APPLICATION AND ANY INFORMATION OR DATA WE PROVIDE TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THAT ACCESS TO OR USE OF THE APPLICATION OR APPLICATION CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE AND (5) THAT INFORMATION THAT WE COLLECT AND STORE ABOUT YOU AND YOUR USE OF THE APPLICATION WILL BE ABLE TO BE REPRODUCED OR PROVIDED TO YOU AT ANY LATER DATE. ANY RELIANCE UPON THE APPLICATION IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF ALL INFORMATION YOU STORE WITHIN THE APPLICATION, AND WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA.
Your reliance upon the Application and your interactions with third parties through the Application is SOLELY AT YOUR OWN RISK. The Application may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications and mail delivery systems. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Application, or any portion thereof; and (2) to interrupt the operation of the Application, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes, or to comply with laws.
Limitations of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES RELATED TO THE APPLICATION, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE APPLICATION, AND ALL OTHER USE OF THE APPLICATION, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS THEREFROM.
Binding Bilateral Arbitration and Applicable Law (Continued from Section titled "Binding Arbitration" above)
Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the office of JAMS (“JAMS”) in San Diego, California or in the office nearest to the county (or parish) of your registration address in accordance with JAMS’s then-existing Comprehensive Arbitration Rules & Procedures. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages—the right to all of which you hereby waive. Each party shall bear its own attorneys’ fees, costs and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
Intellectual Property Rights
The design of the App, along with DayDials created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to DayDials, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. DayDials reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
DayDials and its Services may only be used by persons 13 years or older. If you are under 13 please stop using our App, and do not submit any information to us.
Term and Termination
California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Yeloha must be addressed to our agent for notice and sent via certified mail to firstname.lastname@example.org. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Questions? Contact us at email@example.com