General
Thank you for visiting www.day2daythings.com. The Day2Day Things website (the 'Site") is owned and operated by Day2Day Things LLC ("Day2Day Things," "Company," "us," or "we"). Your use of and access to this Site is subject to these Terms and Conditions of Use ("Terms"), as may be modified at any time by us, and by all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. PLEASE READ THE TERMS CAREFULLY. If you do not want to be bound by these Terms, do not use the Site.

Through the Site, we provide information about the Company and the various products offered by the Company, as well as the opportunity to buy our products. These Terms and any general information on the Site in no way override the specific terms and conditions of your purchase of any product, unless explicitly stated otherwise herein. 

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Changes in Terms
The form and nature of the services, content and all information posted on the Site are subject to change without notice. In addition, we have the right in our sole discretion, at any time and without prior notice, to revise these Terms or impose new terms and conditions with respect to access to or use of the Site and/or the purchase of goods. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of the Terms. YOU ARE RESPONSIBLE FOR REVIEWING THE TERMS PERIODICALLY FOR ANY MODIFICATION THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS. YOU AGREE YOU SHALL BE DEEMED TO BE APPRISED OF AND BOUND BY ANY MODIFICATION TO THE TERMS.  Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. No modification of the Terms by anyone other than the Company shall be valid or enforceable against the Company unless expressly agreed to by us in a writing signed by a duly authorized officer of the Company.
In addition, we reserve the right, at any time, with or without notice, temporarily or permanently, to: modify or discontinue the Site; charge fees in connection with the use of some or all of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer special opportunities to some or all users of the Site.

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Content

All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of Day2Day Things or its suppliers or licensors. The collection, arrangement and assembly of all Content on the Site is the exclusive property of Day2Day Things.

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License and Access

Day2Day Things grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions.

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Your Account

Your user name and password are for your personal use only, and you will not share your user name or password with any individual or third party (other than Day2Day Things). If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Day2Day Things including those set forth in these Terms & Conditions, Day2Day Things reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

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Termination

Day2Day Things reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site 

1. if you violate any of these Terms & Conditions, 

2. for any other reason or 

3. for no reason. 

Upon any such termination, your right to use the Site will immediately cease.

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You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

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User Reviews, Comments & Submissions

Day2Day Things welcomes your reviews, comments, and other communications (including, without limitation, any content or other data entered into any search fields, chat tools, or other areas of the Site where you can submit content), photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow Day2Day Things to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, exploitative, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Day2Day Things assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion:

1.  monitor User Content;

2.  alter, remove, or refuse to post or allow to be posted any User Content; and/or 

3. disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to Day2Day Things a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, such as in-store marketing, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Day2Day Things the right to include the name provided along with the User Content submitted by you; provided, however, Day2Day Things shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as Day2Day Things the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

 

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Day2Day Things neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Day2Day Things.

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Unauthorized Access
You may not take any action to interfere with the Site or any other user's use of the Site or to decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Site, nor insert any code or product or manipulate the Content in any way.
You agree you will not post, upload, share, transmit, distribute, or otherwise make available through or in connection with the Site: 

1. any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful, invasive, or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;  

2. any unsolicited or unauthorized advertising or promotional material, "junk mail," "spam," "chain letter," investment opportunity, or any other form of solicitation; or 

3. any material, non-public information about a company without the proper authorization to do so. You further agree not to impersonate any person or entity on the Site or use the Site to impersonate any representative of Company. 

 

You may not: 

1. interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; 

2. restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Website);

3. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; 

4. frame or mirror any part of the Website without Company's express prior written consent;

5. create a database by systematically downloading and storing Content or user information; or 

6. use a robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather user information or reproduce or circumvent the navigational structure or presentation of the Site.

 

User Representations
By using the Site, you represent, warrant, and covenant that: (a) you are at least 18 years old; (b) you are a resident of the United States; and (c) your use of the Site will not violate these Terms.

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User Submissions
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, ideas, drawings, concepts, suggestions, images, or other information or other communication you transmit, upload or post to this Site, or otherwise submit to the Company (“Submissions”) will be considered non-confidential and non-proprietary. We will have no obligation or liability with respect to Submissions. By making a Submission, you represent, warrant, and convenant that you are the author or inventor of the Submission, that it is your original work, and that it does not infringe any patent, trademark, copyright, trade secret, trade dress, or other intellectual property right. The Company and its designees will be free to copy, disclose, distribute, incorporate, manufacture, advertise, sell and otherwise use Submissions for any and all commercial or noncommercial purposes, without obligation to pay any royalty or other compensation. PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION AND/OR ATTRIBUTION OR OTHER RIGHT OF OWNERSHIP.

 

Prices
The prices and availability of products and services listed on the Site are subject to change without notice. All prices displayed on the Site are quoted in U.S. dollars. Products displayed on the Site are available while supplies last. 

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Colors

Day2Day Things strives to display as accurately as possible the colors of the products shown on the Site; however, Day2Day Things cannot and does not guarantee that your monitor’s display of any color will be accurate.

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Product Availability

We cannot guarantee that a product listed as available will actually ship right away, as inventory can change significantly from day to day. We cannot guarantee that a product will still be in stock when you place your order. However, if an item that is purchasable in your shopping cart when you place your order is sold out at the time your order is processed, you will be notified by email that your order will not be filled.

 

Shipping, Returns, & Exchange Policies
Our Shipping, Returns, and Exchange policies are incorporated in these Terms by reference. We request that you review those policies thoroughly prior to purchasing products from our Site.

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Contact Us; Questions or Complaints
If you have any questions regarding the Terms, please submit them through our Contact Us page.

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Miscellaneous
These Terms do not, and shall not be construed to, create any partnership, joint venture, franchise, agency, or employment relationship between you and the Company. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express written consent. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. If any provision of these Terms is found to be illegal, invalid, or unenforceable, the remainder of the Terms shall continue to be fully valid, binding, and enforceable. Our failure to exercise any rights herein, or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by the Company or be deemed a waiver of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.