Terms of Service
Last Updated: September 23, 2024
1. Introduction
Welcome to Site of the Day. These Terms of Service ("Terms") govern your use of our website and services ("Service"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
2. Using Our Service
You must follow any guidelines or policies associated with the Service. You may use the Service only if you agree to form a binding contract with Site of the Day and are not a person barred from receiving services under the laws of the applicable jurisdiction.
3. Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
4. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Site of the Day and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Site of the Day.
5. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Site of the Day. Site of the Day has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.
6. Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. Indemnification
You agree to defend, indemnify, and hold harmless Site of the Day and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
8. Limitation Of Liability
In no event shall Site of the Day, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12. Contact Us
If you have any questions about these Terms, please contact us at [email protected].