
By using Gollyday.com (the "Service"), a service of Gollyday Inc. ("Gollyday"), you accept the following terms and conditions (the "Terms of Service").
USER REGISTRATION OBLIGATIONS
You agree that any and all information provided during the registration process ("Registration Data") is true, accurate, up to date and complete. You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. Gollyday reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time and for any reason.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Upon completing the registration process you will receive a password and account ID. You and you alone are solely responsible for maintaining the confidentiality of your password and information associated with your account that you wish to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your account. You further agree to notify Gollyday in the event that your password or account has been used without the proper authorization or there are other breaches of security of which you become aware. Additionally, you agree to exit from your account at the end of each session with the Service. Gollyday will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with this section. Gollyday prohibits the sale or transfer of control of any Gollyday account by the registered account holder to any other individual or party.
COPYRIGHT
We claim no ownership of any intellectual property rights over the Content that you upload to the Service. Any intellectual property rights in the uploaded Content belong solely to you (or your licensors). However, by uploading the Content to the Service, you grant Gollyday a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense, and prepare derivative works of, such Content, in any format or medium now known or later developed, solely on and through the Service, subject to these Terms of Service. You represent and warrant that you have sufficient rights to grant this license. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored on the Service. We will review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
- A description of the copyrighted work that you claim has been infringed;
- Info sufficient to enable Gollyday to locate the allegedly infringing Content on the Service;
- Your address, phone number and email address;
- Statement by you that you have good faith belief that the use of the Content is not authorized;
- Statement by you that the info in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- A signature of the person authorized to act on behalf of the owner of the copyright interest.
Claims can be sent to legal (at) Gollyday.com
INDEMNITY
You agree to indemnify and hold harmless Gollyday, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the Content you Upload, your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party.
LIMITATION OF LIABILITY
* The Service and the Software are made available to you for your convenience on an "as is" and "as available" basis. Gollyday DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE. Gollyday does not warrant or represent that the Software will be free of all viruses. You understand that the Service and the Software are still alpha/beta versions and may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms of Use, you specifically agree that Gollyday is not liable for any of the above issues. Moreover, you understand that Gollyday does not warrant or represent that the Service and/or the Software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
* Gollyday SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
* If you are dissatisfied with the Service or the Software, or have any other disputes or claims with or against Gollyday with respect to the Service or the Software or these Terms of Use, then your sole and exclusive remedy is to discontinue using the Service and/or the Software.
NOTICES FROM GOLLYDAY
From time to time, Gollyday may send notices to you via email, regular mail, SMS or text message, or display notices or links to notices on the Service. We encourage you to read these notices and check for them on a regular basis, because these notices will apply to you and your account immediately upon posting, whether or not you actually review them.
We are continuously developing the features and functionality of Gollyday. Consequently, we reserve the right to modify these terms of service at any time at our sole discretion. You agree to be bound to such alterations when you use Gollyday and the alterations shall be effective at the time of posting on Gollyday.com. It is important that you review these Terms of Service regularly on Gollyday.com to ensure you are updated on any modifications to these terms. If you are dissatisfied with or do not agree to abide by any altered Terms of Service, your sole remedy should be to close your account on Gollyday and discontinue use of our service.