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Terms of Sevice

Effective as of July 8, 2024

 

1. Agreement to be Bound

By accessing the FunDay website, developed by FunQuest LLC, you agree to be bound by these Terms and Conditions of Use, as well as all applicable laws and regulations. You also agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials on this website are protected by applicable copyright and trademark laws.

 

2. Use at Your Discretion

FunDay is designed to help parents plan trips, including finding activities, discovering family travel itineraries, and customizing itineraries to suit their family's interests and needs. You acknowledge and agree that your use of the website and the information provided by FunDay is at your own discretion. The developer shall not be liable for any inaccurate activity information or any other issues that may arise, directly or indirectly, in connection with your use of the website. This includes, but is not limited to, any access to, use of, or browsing of the website, any material on the site that may be incorrect or not updated, or the transmission or downloading of any material from the website. It is your responsibility to validate any of the activity information directly with the travel services.

The material is provided for informational purposes only and should not be interpreted as a course of action or professional advice. This service and its developer are not responsible and shall not be held liable for any damage caused by following or adhering to the information found on this website or any related mobile application. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

 

3. Terms of Access

Permission to use the FunDay website is granted for personal, non-commercial, transitory viewing only. Under these terms, you are prohibited from:

  • Modifying or copying the materials.

  • Using the materials for any commercial purpose or for any public display (commercial or non-commercial).

  • Attempting to decompile or reverse engineer any software contained on the FunDay website.

  • Removing any copyright or other proprietary notations from the materials.

  • Transferring the materials to another person or "mirroring" the materials on any other server.

  • Using the site for any illegal purpose.

  • Gaining unauthorized access to the company's data or the data of other users.

  • Violating anyone else's legal rights (e.g., privacy rights) or any laws (e.g., copyright laws) in your jurisdiction.

  • Breaching, or attempting to breach, the website's security systems.

  • Enabling third parties to violate the Terms of Use.

If you breach these terms, you may be subject to legal action.

 

4. Legal Disclaimer

  • The materials on the FunDay website are provided "as is". FunDay does not make any representations concerning the accuracy or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this website.

  • The developer does not claim ownership of any data presented and is not responsible for its accuracy.

  • The developer does not guarantee constant availability of the material/information and accepts no liability for downtime or access failure.

  • The developer provides this website "as is" without a warranty of any kind. You assume the risk of all damage or loss from the use of, or inability to use, the website or the service.

  • You assume all responsibility and liability for any harm, whether to you or any third party, arising or resulting from your use of the website, including, without limitation, any damage to your system or data.

 

5. Limitations of Liability

In no event shall the developer of FunDay or its suppliers be liable for any damages of any kind, including, but not limited to, special, incidental, or consequential damages, such as damages for loss of data or profit, or due to business interruption, arising out of the use or inability to use the materials on the FunDay website, even if FunDay or a FunDay authorized representative has been notified orally or in writing of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, so these limitations may not apply to you.

 

6. Dispute Resolution and Liability Disclaimer

Any dispute between users and third-party travel services, whether before, during, or after the provision of the service, is not the responsibility of FunQuest LLC and should be resolved directly between the third-party travel service provider and the user. Any legal claims or lawsuits related to services are the sole responsibility of the third-party travel businesses. FunQuest LLC solely provides advertisement and booking services and will not be liable for any disputes between third-party travel services advertised on our site and users.

 

7. Accuracy and Updates

The materials appearing on the FunDay website may include technical, typographical, or photographic errors. FunDay does not warrant that any of the materials on its website are accurate, complete, or current. FunDay reserves the right to make changes to the materials on its website at any time without notice. However, FunDay does not commit to updating the materials.

 

8. Content

Our Service allows you to post, store, share, and otherwise make available certain information, text, graphics, videos, or other material. You are solely responsible for the content that you post on or through the service, including its legality, reliability, and appropriateness.

By posting content on or through the service, you represent and warrant that: (i) the content is yours (you own it) and/or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain all rights to any content you submit, post, or display on or through the service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for the content that you or any third-party posts on or through the service.

By posting content using the service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such content on and through the service.

FunQuest LLC has the right, but not the obligation, to monitor and edit all content provided by users.

You may not distribute, modify, transmit, reuse, download, repost, copy, or use content from the FunDay website, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us.

 

9. Reviews by Users

Users can leave reviews on our site regarding any of the travel services listed. We do not remove negative reviews at the request of the travel businesses. We evaluate potentially malicious reviews and decide whether they should be removed. However, if no clear evidence supports the claim of malicious intent, we may choose to keep flagged reviews to maintain transparency regarding the service quality of the third-party providers listed on our site.

 

10. Account Creation and Responsibilities

When you create an account with us, you guarantee that you are over the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or outdated information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your login credentials. You agree to take responsibility for all activities or actions that occur under your account and/or password, whether your password is with our service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to the rights of another person or entity other than you, without appropriate authorization. Additionally, you may not use any username that is offensive, vulgar, or obscene.

 

11. External Links Disclaimer

FunDay has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FunDay of the site. Use of any linked website is at the user's own risk.

 

12. Copyright Infringement Policy

We respect the intellectual property rights of others and have a policy to respond to any claim of content posted on our website.

If you are a copyright owner, or authorized on behalf of one, and you believe that copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@funday.site. Include in your claim a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims of infringement on any content found on or through the Service under your copyright.

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13. Governing Law

Any claim relating to the FunDay website shall be governed by the laws of the State of New York, excluding its conflict of law provisions.

 

14. Updates to Terms of Use

FunDay may revise these Terms of Use for its service at any time without notice. By continuing to use this website, you agree to be bound by the most current version of these Terms and Conditions of Use.

 

For any further clarifications, you can contact us via email at contact@funday.site 

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