Terms & Conditions
Terms and Conditions
OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES.
HEYDAY will not trade with or provide any services to individuals and companies owned or controlled by or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
REPRESENTATIONS BY YOU
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to HEYDAY through the Site or for inclusion on the Site will not plagiarize, violate, or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by HEYDAY to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by HEYDAY to do so. The content and software on this Site are the property of HEYDAY.
If you use HEYDAY Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly, or indirectly, in any way for any loss or damage of any kind incurred because of, or in connection with, your failure to comply with this section.
NO COMMERCIAL USE
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain the HEYDAY’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. HEYDAY will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site, and barring such violators from use of the Site.
LINKS AND SEARCH RESULTS
The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. HEYDAY has no control over these sites or the content within them. HEYDAY does not guarantee, represent, or warrant that the content contained in the sites is accurate, legal and/or inoffensive. HEYDAY does not endorse the content of any third-party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against HEYDAY for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at [email protected]
HEYDAY may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense, or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
You acknowledge and agree that HEYDAY will own all rights, titles, and interests in and to any copy, translation, modification, adaptation, derivative work, or improvement of the Online Materials made by or for you. At HEYDAY’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles, or interests to HEYDAY or perfect these rights, titles, or interests in HEYDAY’s name.
DISCLAIMER OF WARRANTY
LIMITATION OF DAMAGES. HEYDAY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. HEYDAY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. HEYDAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF HEYDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF HEYDAY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
License GRANTED TO YOU
By providing materials to HEYDAY, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted HEYDAY an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. HEYDAY may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against the HEYDAY for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to HEYDAY. Any communication or materials you send to HEYDAY will be treated as non- confidential and non-proprietary and may be disseminated or used by HEYDAY for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing products or services.
The Site may contain advertisements and/or sponsorship. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. HEYDAY is not responsible for the acts or omissions of any advertiser or sponsor.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.