Terms and Conditions
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using DandyLiving.com (“the Site”, “the Website”) operated by Catayash, LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at DandyLiving.com.
Warranties, Guarantees, Representations
We do not warrant, represent or guarantee: the accuracy of the information published on this website; the completeness of the information published on this website; that the information published on this website is up-to-date; or the information on the website can be applied to achieve any particular result.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and guarantees relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations of Liability
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of: (a) any losses arising out of any event or events beyond our reasonable control; (b) any loss of any of your business losses; (c) any loss or damage to your profits, income, revenue, or anticipated savings; (d) any loss of your use or production; (e) any loss of your management time or office time; (f) any loss of your business, contracts, commercial opportunities or goodwill; (g) any loss or corruption of any of your data, databases, software, hardware or any other component of your computer; (h) any of your special, indirect or consequential losses or damages; (i) any of your losses arising out of any acts or omissions of: (i) the Site owners or operators; (ii) the Site’s hosting services provider; (iii) the Site’s payment services provider or other third party services provider.
You accept that we have an interest in limiting the personal liability of our LLC’s members and employees. In regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual members or employees in respect of any losses you suffer in connection with the use of the Site or these terms and conditions.
From time to time the Site or features of the Site will be unavailable. Such unavailability may be the result of defects in the Site’s software, servers, server configurations, scheduled or emergency maintenance procedures, acts of God, or failures of third party service providers.
You acknowledge that we have made no commitments, promises, or guarantees regarding: (a) the Site’s availability at any given time; or (b) the Site’s continued operation in the future. You agree to discharge or release us from any liability that may arise from the Site’s availability or lack thereof.
You agree not to use our website in any way that causes, or may cause, damage to the website, its software, or its hosting providers, or impair the availability or accessibility of the website; or in any other way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You agree not to use our website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of or is linked to any form of spyware, malware, viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious computer software. You agree not to conduct any systematic or automated data collection activities, without limitation but specifically including scraping, data mining, data extraction, and data harvesting on or in relation to our website or our website’s users or third party providers without our express written consent. You agree not to use our website, or any information or services associated with our website, to transmit or send unsolicited commercial communications (spam). You agree not to use our website for any purposes related to marketing to our users without our express written consent.
We reserve the right, and you acknowledge that we reserve the right, to prosecute to the fullest extent of the law any violations of this Acceptable Use clause, and to collect damages for the consequences of such violations that may include complete forfeiture of any or all revenues or profits generated from such violations, whether direct or indirect.
Restricted Access Areas
We reserve the right to restrict access to any and all areas of our website and its content at our sole discretion and for any reason. We reserve the right to provide various users access to some or all of these restricted areas. If we provide you with or you generate a password to enable you to access restricted areas of our website or other content or services, you acknowledge that it is your responsibility to ensure your password is kept confidential. You agree to immediately notify us in writing if or when you first become aware of or should have become aware of any unauthorized or potentially unauthorized use of your account or password. You accept full legal and financial responsibility for any activity on our website arising out of any failure to keep your password confidential, and you acknowledge that you may be held liable for any of website’s losses or potential losses arising from such a failure.
You agree not to use any other person’s username and password to access restricted areas of our website for any reason. We reserve the right to disable your account on the Site, including but not limited to the removal of any content you may have published on the Site, in our sole discretion and without providing notice or explanation.
In these terms and conditions of use, “your content” means any material you submit to the Site or have someone else submit to the Site on your behalf, for any purpose. These materials may be any form of text, images, audio recordings, video recordings, or audio-visual material.
When submitting or publishing content to the Site, or when directing others to submit or publish content to the Site for any reason, you acknowledge and agree that you are granting us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, translate, and/or distribute the content in any existing or future media for commercial or non-commercial purposes. You also acknowledge and agree that you are granting us the right to sub-license these rights to third parties at our sole discretion, and the right to bring an action for infringement of these rights against third parties, and that you forfeit all rights to any damages we collect from such infringements.
You warrant and represent that your content is not illegal or unlawful in any way, does not infringe upon our or any third party’s legal rights, and is not capable of giving rise to legal action whether against you or against us or against a third party.
You agree not to submit content that is: (a) libelous; (b) obscene or indecent; (c) an infringement of another’s rights including but not limited to: (i) copyrights; (ii) trademarks; (iii) design rights; or any other intellectual property rights; (d) an infringement or perceived infringement of anyone else’s privacy; (e) negligent in nature, whether through advice given or statements made; (f) an incitement to commit a crime or that can be reasonably interpreted to be an incitement to commit a crime; (g) in breach of any contract or court order; (h) discriminative or hateful based on another’s race, ethnicity, religion, gender, age, or sexual preference; (i) a depiction of violence in an explicit, graphic, or gratuitous manner; (j) sexually explicit or pornographic in nature; (k) untrue, false, inaccurate, or misleading; (l) consisting of or containing any instructions, advice, or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage to self or to another; (m) spam; or (n) offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory, or otherwise inflammatory. You acknowledge and agree that the Site’s owners and operators will be the sole judge of whether your content constitutes a breach of any of these terms or sub-terms, and that their decisions in such matters need not be accompanies by any elaboration as to the reasoning of their decisions.
You agree not to post links on the Site that point to any other website or web page that contains material that would breach the provisions of these terms and conditions if it were posted on our website. You acknowledge and agree that we may remove any such links without explanation or notice, and that we reserve the right to revoke any and all access to our website and its products or services.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website for any reason and at any time without notice or explanation.
Notwithstanding our rights under these terms and conditions in relation to user content, User acknowledges that we do not undertake to monitor the submission of such content to, or the publication of such content on, our website; and that the act of you successfully publishing such content on our site does not imply or constitute in any way that we approve of or agreed to allow you to publish such content on our site, or that we have, or will, waive any of our rights under these terms and conditions.
Third Party Content
You acknowledge that some of the information published on this website is submitted or provided by users and other third parties, and that we do not usually review, approve or take editorial responsibility for such information.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
By participating or contributing to the Site’s content, services, or in any other way, including but not limited to comments you make on other users’ posts or pages, you acknowledge that this exposes your contribution to or participation in the Site to negative feedback and criticism of other third parties, including readers, advertisers, or reviewers. You acknowledge that any such comments, reviews, or feedback may be defamatory or otherwise unlawful. You agree that you will not hold us liable in any respect of any such comments, reviews, or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews, feedback. You acknowledge that when you are participating in or contributing to the Site in any way, you are doing so at your own risk in regard to these matters.
This website is a for-profit entity. It generates revenue in several different ways, including but not limited to allowing third-party advertisers to place advertisements on our site, collecting a commission every time a user clicks on any advertisement, and/or collecting a commission every time a user clicks on any advertisement and subsequently submits contact information to the advertisers or purchases the advertisers’ goods and services.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Catayash, LLC.
Without prejudice to our other rights, if you breach these terms and conditions or if we reasonably suspect that you have breached these terms and conditions, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to the website; (c) permanently prohibit you from accessing the website; (d) block computers using your IP address from accessing the website; (e) contact your internet services provider and request that they block your access to the website; (f) bring court proceedings against you for breach of contract or otherwise; (g) suspend and/or delete your account with the website; and/or (h) delete and/or edit any or all of your content.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Unless otherwise stated, the Site and its original content, features, and functionality are owned by Catayash, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
If any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
This Agreement and any further rules, polices, or guidelines incorporated by reference shall be governed and construed in accordance with the laws of Virginia, United States. When unsure or in doubt, all clauses of this Agreement are to be interpreted and construed in favor of our interests and legal rights.
Changes To This Agreement
We reserve the right to modify or replace these Terms and Conditions by posting the updated terms on the Site without notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access, or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, you may contact us through our Contact page or as follows.
PO Box 231179
Centreville, VA 20124
support [at] dandyliving.com