TERMS OF USE

This Daybook mobile application (the “Mobile App”) is provided by Aviato Calendar Ventures, LLC (“Aviato”) and is subject to the terms set forth herein.  If you download and/or use the Mobile App, you agree to be bound by these Terms of Use.

Aviato reserves the right to make changes at any time to these Terms of Use, including the right to charge for certain of our services in the future.  Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Mobile App following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

The Daybook Mobile App

The Mobile App allows users to manage schedules, activities and social engagements via their mobile devices, and to message with other users and/or participants of an event in your calendar.  You may download the Mobile App via an applicable mobile app store (e.g., Google® Play, Apple® App Store) accessed through your mobile device.  When you download and register to use the Mobile App, Aviato grants you a personal, limited, revocable, non-exclusive, non-transferable license to download, access and use the Mobile App for your personal and non-commercial purposes.  Further, please be aware that while Aviato does not currently charge for the download and use of the Mobile App, your mobile service provider may do so. Accordingly, message and data rates may apply.

Uploading Content – Granting Us a License

Upon downloading and registering to use the Mobile App, you will be provided the ability to upload text, data, calendar entries, shopping list items, information concerning upcoming social engagements, activities, comments, photographs and other information and materials to assist you in organizing and keeping track of your daily life (collectively, “Uploaded Content”).  As between you and Aviato, you shall own and retain ownership of all rights, title and interest in and to any and all Uploaded Content you post to the Mobile App.  Please note, however, all such Uploaded Content shall be considered non-confidential.  By submitting Uploaded Content via the Mobile App, you are automatically granting to Aviato a worldwide, royalty-free right and license to use, copy, store, modify, transmit, republish and display such Uploaded Content in connection with your use of the Mobile App.  

There are, however, limits on what types of Uploaded Content you can post on the Mobile App.  While we will not screen Uploaded Content, we reserve the right to remove Uploaded Content if you violate these limits or for any other reason.  Specifically, you should only upload such content if (i) you own the rights to the Uploaded Content or you have the owner’s express permission to post the Uploaded Content; (ii) the Uploaded Content does not infringe or otherwise violate any copyright, patent, trademark, trade secret, trade names, company names or other proprietary right of any third party, and (iii) the Uploaded Content does not violate any applicable laws, these Terms of Use or any other posted policies or result in a breach of any agreement.  In addition, you agree not to upload on or transmit to or via the Mobile App any Uploaded Content which:  (a) is defamatory, libelous, expresses hate, or is unlawfully threatening; (b) is pornographic, obscene or exploitative of a minor; or (c) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature.  You acknowledge that you and not Aviato, will bear full responsibility for each item of Uploaded Content posted to the Mobile App, including its legality, reliability, appropriateness, originality and copyright, and the consequences of sharing or publishing such content with others. 

Please be aware that once you upload any Uploaded Content, we cannot guarantee how long such Uploaded Content will be made available via the Mobile App, and thus, you may not be able to retrieve such Uploaded Content in the future.  You are urged to make back-up copies of any and all Uploaded Content.  IN NO EVENT WILL AVIATO BE RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM YOUR SHARING OR POSTING ANY UPLOADED CONTENT ON THE MOBILE APP, OR ANY LOSS OF SUCH UPLOADED CONTENT.

User Data

The Mobile App may capture and provide analytics as to usage metrics, data and other information in connection with your use of the Mobile App (“User Data”).  Such User Data will be rendered non-user identifiable and will be aggregated with other information obtained by Aviato.  In such form, User Data shall be considered non-confidential and Aviato’s property.  You hereby irrevocably assign and transfer to Aviato any and all rights, title and interest you may have or may acquire in and to any such User Data.

Permitted Use and Restrictions 

Except as expressly permitted in this Agreement or by applicable law, you will not (i) use, download, upload, reproduce, copy, print, display, perform, republish, sell, transfer, license, rent, lease, lend, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Mobile App, or any portion thereof, or any information or content contained on the Mobile App, without the prior written permission of Aviato or its licensors; (ii) decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Mobile App or any part thereof; (iii) use the Mobile App in any manner that may impair, overburden, damage, disable or otherwise compromise the Mobile App, or any other party’s use or enjoyment thereof; (iv) interfere, in any way, with others’ use of or access to the Mobile App, or attempt to gain unauthorized access to the mobile device of any other user; or (v) take any other action in connection with your use of the Mobile App which violates any law or regulation, and you agree to fully comply with all applicable laws, rules and regulations in your use of the Mobile App.  

Unauthorized Use of the Mobile App

Aviato reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Mobile App.  Aviato’s decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any provision of these Terms of Use or any legal rights of Aviato. 

Privacy

The terms of the Aviato Privacy Statement are hereby incorporated as part of these Terms of Use. 

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP OR ANY FEATURES OR FUNCTIONALITY THEREOF, OR ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE MOBILE APP, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AVIATO MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE MOBILE APP OR ANY FEATURES OR FUNCTIONALITY THEREOF, OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE MOBILE APP, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  IN ADDITION, AVIATO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE MOBILE APP IS ACCURATE, COMPLETE OR CURRENT, AND AVIATO IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION OR ANY OTHER ASPECT OF THE MOBILE APP.  FURTHER, AVIATO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE MOBILE APP WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.  

IN NO EVENT SHALL AVIATO, OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF AVIATO (AVIATO AND ALL SUCH PERSONS, COLLECTIVELY, THE “AVIATO PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE MOBILE APP OR ANY FEATURES OR FUNCTIONS THEREOF, OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Aviato Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses of any nature whatsoever (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) your use of the Mobile App or any features or functionality thereof, or any content, information, materials or services contained, displayed or available therein; (ii) your violation of these Terms of Use; (iii) any Uploaded Content provided by you via the Mobile App; and/or (iv) your violation of any rights of any third party.

User Interaction

You are solely responsible for any and all interactions between you and any other users of the Mobile App.  You hereby release the Aviato Parties from any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses of every kind and nature whatsoever, arising out of or in any way connected with any disputes between you and any other user of the Mobile App.

Trademarks and Copyrights

The DAYBOOK logo and other marks displayed on the Mobile App are the proprietary trademarks or service marks of Aviato or third parties.  Aviato’s marks may not be used in connection with any product or service that is not Aviato’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Aviato.  All other trademarks and service marks not owned by Aviato that appear on the Mobile App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aviato.  You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site or the Mobile App without the express written permission of the respective owner thereof.

All content contained on the Mobile App (other than your Uploaded Content), including, but not limited to, works of authorship, software, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on the Mobile App, is the property of Aviato or its licensors and are protected by United States and international copyright and other intellectual property laws. 

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Aviato or any other person.

Third Party Advertisements and Links to Third Party Sites

You acknowledge that, at any time, the Mobile App may include links to the websites of third parties and/or may display advertisements from third parties.  Aviato is not responsible for the content of such advertisements or any links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by Aviato of the advertisement or linked site or any content therein.  IN NO EVENT WILL AVIATO BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISMENT DISPLAYED ON THE MOBILE APP, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. 

Modification or Discontinuance of the Mobile App by Aviato

At any time, without notice to you, and for any or no reason, Aviato may modify or discontinue the Mobile App or any features, functionality or content thereof. Aviato shall in no way be held liable for any consequence which results from Aviato’s decision to modify or discontinue providing the Mobile App or any content thereof.

Denial of Access

Aviato may prohibit you from using or accessing the Mobile App, in whole or in part, for any or no reason, at any time, in its sole discretion, without notice to you.

Miscellaneous

The laws of the State of Illinois will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of these Terms of Use or your use of the Mobile App shall be brought in state or federal court in Chicago, Illinois, and you consent to the jurisdiction of such courts.  You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. Aviato’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Aviato agrees to such waiver in writing.  If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and Aviato with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Aviato with respect to such subject matter.

Contact

If you have any questions relating to these Terms of Use, the Mobile App or Aviato, please contact: info@daybookapp.com  

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