You acknowledge that MyCustomDay.com is not responsible for the products and services
of any merchant that may have provided you with the promotion being used on our
Web site, nor the content, accuracy, compliance with, or any other aspect of the
offer, promotional materials, Web site content or any communications from such merchant.
The following terms and conditions (the "Terms and Conditions") govern your use
of the website (this "Site") of My Custom Day LLC., and any services contained within
supplemental terms and conditions ("Supplemental Terms") that will govern your use
of specific My Custom Day LLC. services ("Additional Services").
By using or downloading any materials from this Site, you agree to these Terms and
Conditions. In addition, you agree to the applicable Supplemental Terms by using
or downloading materials from that Additional Service.
Copyrighted Information and Copyright Agent.
Please note that the pages on the Site may contain other proprietary notices and
copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, Documents
(as defined below), software or other materials (collectively hereinafter referred
to as the "Materials") contained on any page within this Site are copyrighted by
My Custom Day, LLC. or a third party (hereinafter collectively referred to as the
"Copyright Holder"). Title to copyright in the Materials will at all times remain
with the Copyright Holder. You may only use, download or copy the Materials contained
in the Site in accordance with the Terms and Conditions. Any permitted copies of
the Materials must retain the copyright notice, and any other proprietary notices
contained in such Materials. Unless otherwise provided in the Terms and Conditions,
you may not edit, modify or make use of the Materials without the express, prior
written consent of My Custom Day, LLC. You may not use any content contained in
the Materials in any manner that may give a false or misleading impression or statement
as to My Custom Day, LLC., the Copyright Holder, or any third party referenced in
the Materials. Nothing on this Site shall be construed as conferring any license
under any Copyright Holder's intellectual property rights, whether by estoppel,
implication or otherwise. You agree to use the Site and the Materials and services
and products on the Site or accessible via the Site only for lawful purposes. My
Custom Day LLC. may revoke any of the foregoing rights, as well as any access and
use authorizations granted to users of the site at any time.
Except as specifically provided in these Terms and Conditions (including any applicable
Supplemental Terms), any reproduction, distribution, replication or retransmission
of any information contained on this Site without the prior written consent of My
Custom Day, LLC. is strictly prohibited.
(A) Disclaimer of warranties. The contents of
this site, including, without limitation, the materials, are provided “As Is” and
My Custom Day LLC. makes no representations or warranties, express or implied, of
any kind with respect to this site or its contents. My Custom Day LLC. disclaims
all representation and warranties, including, without limitation, warranties of
merchantability, fitness for a particular purpose, title, completeness and non-infringement.
(B) Disclaimer of Accuracy. My Custom Day LLC.
does not represent or warrant that the information accessible via the site is accurate,
complete or current. This site could contain typographical errors, miscataloged
information or other inaccuracies. My Custom Day LLC. reserves the right to add
to, change or delete its content or any part thereof without notice. Any price or
availability information is subject to change without notice. By your use of this
site, you agree that you do not and will not rely on it being appropriately up to
date. You further agree that you or your agents will not take any action against
My Custom Day LLC. due to such reliance on any information which you believe to
be non-current, inaccurate or incomplete. Additionally, this site may contain information
provided by third parties. My Custom Day LLC. makes no representation or warranty
regarding the accuracy, completeness, truth, quality, suitability or reliability
of such information. My Custom Day LLC. is not responsible for any errors, omissions,
or inaccuracies contained in any information provided by such third parties.
(C) Limitation on Liability. Neither My Custom
Date LLC. nor any of its members, directors, employees or other representatives
will be liable for damages arising out of or in connection with the use of this
site or any information, products or services contained herein, which includes,
without limitation, the materials, even if advised of the possibility thereof. This
is a comprehensive limitation of liability that applies to all damages of any kind,
including, without limitation, indirect, incidental, special and consequential damages,
loss of data, income, profit or goodwill, loss of or damage to property and claims
of third parties.
You have sole responsibility for adequate protection and backup of data and/or tickets/reservation
used in connection with the site and will not make any claim against My Custom Day
LLC. For lost data, inaccurate interpretation, Rain Delays or lost profits resulting
from the use of the site.
(D) Limitation on Liability of Copyright Holders.
Copyright holders will not be liable for any direst, indirect, special or consequential
damages, loss of data, income, profit or goodwill or damage to property arising
out of any use of the materials or performance or implementation of the contents
Links to Third Party Sites. Any other web sites
that are accessible via any link on this Site are not under the control of My Custom
Date, LLC. My Custom Day LLC. is not responsible for the contents of any linked
site or any link contained in a linked site, or any changes or updates to the information
contained in such sites. My Custom Day LLC provides the linked sites to you only
as a convenience and the inclusions of any such link on the Site does not imply
My Custom Day’s endorsement of the site, the organization operating such site, nor
any products or services of that organization. Your linking to any off-site pages
or other sites is entirely at your own risk.
Security and Privacy. My Custom Day LLC. has
extensive security measures in place to protect the loss, misuse and alteration
of the information stored in our database. These measures include the use of Secure
Server technology during credit card transactions and administrative access to site
data, as well as other proprietary security measures which are applied to all repositories
and transfers of user information. Although we will exercise reasonable care in
providing secure transmission of information between your computer and our servers,
we cannot ensure or warrant the security of any information transmitted to us over
the Internet and we accept no liability for any unintentional disclosure. My Custom
Date LLC. is not responsible for the privacy practices or the content of other websites
that may be linked to this site or of any third party advertisers.
This Service is available "as is." We do not warrant that this Service will be uninterrupted
or error-free. There may be delays, omissions, interruptions and inaccuracies in
the news, information or other materials available through this Service. Although
we intend to take reasonable steps to prevent the introduction of viruses, worms,
“Trojan horses” or other destructive materials to this Service, we do not guarantee
or warrant that this Service or materials that may be downloaded from this Service
do not contain such destructive features. We are not liable for any damages or harm
attributable to such features. If you rely on this Service and any materials available
through this Service, you do so solely at your own risk.