Terms of Use
Please read all of the following terms and conditions of use for A Day’s Outing, Inc. ("A Day’s Outing") carefully before using this web site. A Day’s Outing provides this web site (the "Site") to you subject to these terms and conditions of use (these "Site Terms"). By accessing or using this web site, you explicitly agree to comply with and be bound by these Site Terms and all terms, policies and guidelines incorporated by reference herein. If you do not agree to all provisions of these Site Terms, do not use this web site.
These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with A Day’s Outing or its affiliates for products, services or otherwise. A Day’s Outing reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Site Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site.
Ownership and Copyright
Except as otherwise indicated, the Site includes a combination of content create by A Day’s Outing, our partners, and our users. All text, images, marks, logos and other content contained herein, including, without limitation, the A Day’s Outing logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Content") are the property of A Day’s Outing or its partners and are protected by U.S. and international copyright laws. The Site and all Site Content is copyright 2008 A Day’s Outing, Inc. All Rights Reserved.
All editorial content and graphics on the Site are protected by U.S. copyright, international treaties, and other applicable copyright laws and may not be copied without the express permission of A Day’s Outing and its affiliates or licensors. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of third party Web Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Trademarks
A DAY’S OUTING, the car logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of A Day’s Outing and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of A Day’s Outing or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of A Day’s Outing and may not be copied, imitated or used, in whole or in part, without the prior written permission of A Day’s Outing. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by A Day’s Outing.
Copyrights And Copyright Agent
A Day’s Outing respects the intellectual property rights of others, and requires that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
* Your name, address, telephone number, and e-mail address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* 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;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* A statement by you, made under penalty of perjury, that the information that you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent
Please contact us.
User Content Rights
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site ("User Content"). You certify that you own all intellectual property rights in your User Content. By posting or distributing User Content to or through the Site, unless we indicate otherwise, you (a) grant A Day’s Outing and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant A Day’s Outing and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user Content to or through the Site; (ii) such User Content is accurate and not misleading; and (iii) use and posting or other transmission of such user Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant A Day’s Outing the right to pursue at law any person or entity that violates your or A Day’s Outing's rights in the User Content by a breach of these Site Terms.
User Content submitted by users will be considered non-confidential and A Day’s Outing is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, A Day’s Outing reserves the right to use the User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. A Day’s Outing is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once the it has been submitted to A Day’s Outing. A Day’s Outing shall have no duty to attribute authorship of user Content to you, and shall not be obligated to enforce any form of attribution by third parties.
Links to Third-Party Sites
You may be able to link to third parties' Web Sites ("Linked Sites") from the adaysouting.com. Linked Sites are not, however, reviewed, controlled, or examined by A Day’s Outing in any way and A Day’s Outing is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply A Day’s Outing’s endorsement of, or association with, the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites, as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall A Day’s Outing be liable, directly or indirectly, to anyone for any loss or damage arising from, or occasioned by, the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. A Day’s Outing reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Advertisements and Promotions
A Day’s Outing may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than A Day’s Outing, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A Day’s Outing is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Registration Data and Account Security
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to A Day’s Outing, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to A Day’s Outing. If any of your registration information changes, you can update it by signing into your account page. (link to “Sign In” page)
Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Site Terms, A Day’s Outing reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to, and use of, all or any portion of the Site, Site Content, or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.
Purchases and Merchandise Descriptions
If you wish to purchase any merchandise made available through the Site, you may be asked to supply certain information relevant to your purchase, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. Any such information provided through the Site will be treated by A Day’s Outing in accordance with our Privacy Policy.
While A Day’s Outing and our affiliates attempt to provide accurate information on the Site, we do not guarantee that merchandise descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, merchandise on the Site do not imply our or any of our affiliates' endorsement of such merchandise. We reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any merchandise; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any merchandise. Price and availability of any merchandise offered through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases. Your sole remedy for the purchase of any merchandise from A Day’s Outing through the Site is to return it for a full or partial refund as set forth in the agreement governing such purchase.
Surveys, Contests, Promotions or Games
From time to time, A Day’s Outing may offer through the Site, surveys, contests, promotions or games (collectively, "Game"). To participate in a Game, players may be required to complete a registration form. Upon submission, all registrations become the property of A Day’s Outing and adheres to the terms as set forth in our Privacy Policy. Registered users (each, a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. A Day’s Outing, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release A Day’s Outing and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Game located on, or accessed through, the Site. A Day’s Outing is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of his or her registration. A Day’s Outing is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game. A Day’s Outing reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
Privacy Policy
A Day’s Outing is committed to protecting your privacy and security and have explained in detail the steps it takes to do so. You are strongly encouraged to read our Privacy Policy.
Applicable Laws / Jurisdiction
You agree that the laws of the State of Virginia, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with A Day’s Outing or relating in any way to your use of the Site resides in the courts of the State of Virginia, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Virginia, in connection with any such dispute and including any claim involving A Day’s Outing or its affiliates, subsidiaries, employees, contractors, officers, directors and content providers.
Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
