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LEGAL DISCLOSURES, TERMS OF USE, AND WAIVERS OF LIABILITY AGREEMENT AS TO TERMS OF USE. BE ADVISED. BY USING THIS SITE YOU ARE AGREEING TO THE TERMS, CONDITIONS, AND WAIVERS OF LIABILITY SET FORTH IN THIS DOCUMENT. BY SELECTING, VIEWING, VISITING, CONTRIBUTING TO, AND/OR ENROLLING IN ANY OF THE PAGES, CONTENT, MATERIALS, TITLES OR USING ANY OF THE SERVICES ON THIS SITE, YOU EXPRESSLY AND IMPLIEDLY AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREAFTER. THIS INFORMATION SHOULD BE READ CAREFULLY AND IN ITS ENTIRETY. IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING TERMS, CONDITIONS, AND WAIVERS OF LIABILITY, YOU MUST EXIT THIS WEBSITE IMMEDIATELY AND DISCONTINUE ANY FURTHER USE. IF YOU DO NOT UNDERSTAND ANYTHING CONTAINED IN THIS DOCUMENT, PLEASE EXIT THIS WEBSITE AND CONTACT Itsagoodday.org at 435-623-0897 . Itsagoodday.org owns and operates this website and is committed to providing a website that is family friendly, focuses on the good things in life, and is free from obscene, vulgar, and debasing material. However, Itsagoodday.org cannot guarantee that this website will be free from inappropriate material. If you observe any obscene or offensive material on this website, please contact Itsagoodday.org immediately at 435-623-0897 and we will take steps to have such material removed. 1. Your Submissions and Conduct. A. Itsagoodday.org gives users the ability to submit video, photographic, audio, and textual content to the website. User video, audio, photographic, and textual content are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published Itsagoodday.org does not guarantee the confidentiality and/or privacy of such submissions. In fact, you should assume that any User Submissions will be posted on the website and thereby be placed in the public realm. With regard to User Submissions to the “Our Life” section of Itsagoodday.org, such User Submissions will be password protected. Nevertheless, Itsagoodday.org cannot guarantee that User Submissions on the “Our Life” section of this website will not be accessed and placed in the public arena. You agree that Itsagoodday.org is not responsible if any User Submissions are obtained and/or used inappropriately by third parties. Further, you agree that by using this website and making User Submissions you are waiving any and all claims against Itsagoodday.org for what happens to those User Submissions once they are submitted to Itsagoodday.org. ITSAGOODDAY.ORG CANNOT AND DOES NOT GUARANTEE YOUR PRIVACY FOR ANY USER SUBMISSIONS. Please choose carefully the information you submit to Itsagoodday.org. You may not submit to Itsagoodday.org for posting purposes the following information: telephone numbers, street addresses, last names, or photographs, audio, video, or textual content that contains vulgar, nude, obscene, lewd, excessive violent, harassing, sexually explicit, or otherwise objectionable material. B. You shall be solely responsible for your own User Submissions and the consequences of publishing or posting them. In connection with User Submissions, you affirm and represent that you own or have the necessary licenses, rights, consents, and permission to use and authorize Itsagoodday.org to use all patent, copyright, trademark, trade secret, or other proprietary rights in and to all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by this web site. C. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Itsagoodday.org, you grant Itsagoodday.org a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display, and perform the User Submissions in connection with the Itsagoodday.org website and the Itsagoodday.org’s (and its successors and affiliates) business, including without limitation for promoting and distributing part or all of the Itsagoodday.org website (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Itsagoodday.org website a non-exclusive license to access your User Submissions, and to use, reproduce, display, distribute, and perform such User Submissions as permitted through the functionality of the website. The above licenses granted by you are perpetual and irrevocable. D. In connection with your User Submissions, you agree that you will not submit vulgar, nude, obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable material. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights and have permission from the rightful owner to post such material and grant Itsagoodday.org all of the license rights granted therein. E. Itsagoodday.org reserves the right to screen all material submitted to this website, including, but not limited to, User Submissions to the “Our Life” section of the web site. Itsagoodday.org further reserves the right at its sole discretion and without notice to remove any material submitted to this website that Itsagoodday.org deems to be inappropriate, offensive, obscene, or in any way contrary to the interests of Itsagoodday.org and its mission. F. Non-Commercial Use. The services provided by Itsagoodday.org are for the personal use of users and may not be used in connection with any commercial endeavors except for those specifically authorized and endorsed by Itsagoodday.org. Illegal and/or unauthorized use of Itsagoodday.org services, including collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Itsagoodday.org is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the web site without notice. Appropriate legal action may be taken for any unauthorized or illegal use of the Itsagoodday.org website. G. Itsagoodday.org does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Itsagoodday.org expressly disclaims any and all liability in connection with User Submissions. Itsagoodday.org does not permit copyright infringement activities and infringement of intellectual property rights on its website, and Itsagoodday.org will remove all content and User Submissions if properly notified that such content or User Submissions infringes on another’s intellectual property rights. As previously set forth in this document, Itsagoodday.org reserves the right to remove content and User Submissions at its discretion and without notice. H. There will be a delay between when a user submits material to be posted on Itsagoodday.org and when that material is actually submitted to Itsagoodday.org. Typically, Itsagoodday.org will post submissions within 48 to 72 hours after submission. However, Itsagoodday.org makes no guarantees as to when it will post submissions. Furthermore, Itsagoodday.org reserves the right to elect to not post on its website any User Submissions. 2. Account Termination Policy. Not all aspects of Itsagoodday.org require a member account. However, there are some sections of Itsagoodday.org, such as “Our Life,” that require a member account. For such account holders, Itsagoodday.org reserves the right to terminate such account holder’s account and use of Itsagoodday.org if Itsagoodday.org determines in its sole discretion that such account holder is using the web site inappropriately. Itsagoodday.org can elect to terminate such account holder’s use of the web site without providing prior notice to the account holder. 3. Your Use of Itsagoodday.org Web Site and its Content. A. The content on the Itsagoodday.org website, except all User Submissions, including without limitation, the text, software scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to Itsagoodday.org, subject to copyright and other intellectual property rights protected by law. Content on the website is provided “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Itsagoodday.org reserves all rights not expressly granted in and to the web site and the content. B. You may access User Submissions solely: # for your information and personal use; # as intended through the normal functionality of the Itsagoodday.org service; and # for streaming. “Streaming” means a contemporaneous digital transmission of an audio visual work via the internet from the Itsagoodday.org web site to a user’s device in such a manner that the data is intended for real-time viewing and is not intended to be copied, stored, permanently downloaded or distributed by the user. Accessing user videos for any purpose or in any manner other than streaming is expressly prohibited. User videos are made available “AS IS.” C. You may access Itsagoodday.org content, User Submissions, and other content only as permitted under the terms of this document. Itsagoodday.org reserves all rights not expressly granted to users and account holders. D. You agree not to engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of the User Submissions of third parties obtained through the web site for any commercial purposes. E. You agree not to circumvent, disable, or otherwise interfere with security related features of the Itsagoodday.org website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Itsagoodday.org website or the content therein. F. You understand that when using the Using the Itsagoodday.org website, you will be exposed to User Submissions from a variety of sources, and that Itsagoodday.org is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against Itsagoodday.org with respect thereto, and agree to indemnify and hold Itsagoodday.org, its owners/operators, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the site. G. You agree not to alter or modify any parts of the website. H. The terms in this document apply to all users of the Itsagoodday.org website, including users who are also contributors of any video, photographic, audio, textual and/or any other material to the website. The website includes all aspects of the Itsagoodday.org website, including but not limited to all Itsagoodday.org channels and sections. I. Itsagoodday.org reserves the right, in its sole discretion and without notice, to modify or revise the terms set forth in this document at any time, and you agree to be bound by such revisions and modifications. Nothing in this document shall be deemed to confer any third-party rights or benefits. You are encouraged to regularly review this document for any updates or revisions. 4. Links to Third Party Web Sites. Itsagoodday.org contains links to third party websites that are not owned or controlled by Itsagoodday.org. Itsagoodday.org has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Itsagoodday.org will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve Itsagoodday.org from any and all liability arising from your use of any third-party website. Itsagoodday.org encourages you to be aware when you leave the Itsagoodday.org web site and to read the terms and conditions of each other website that you visit. DISCLAIMER AND WAIVER YOU AGREE THAT YOUR USE OF THE ITSAGOODDAY.ORG WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ITSAGOODDAY.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. ITSAGOODDAY.ORG MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE ITSAGOODDAY.ORG SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ITSAGOODDAY.ORG WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ITSAGOODDAY.ORG WEBSITE. ITSAGOODDAY.ORG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ITSAGOODDAY.ORG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ITSAGOODDAY.ORG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATION OF LIABILITY In no event shall Itsagoodday.org its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,(3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or form our website, (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of you use of any content posted, emailed, transmitted, or otherwise made available via the Itsagoodday.org website, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing Limitation of Liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. INDEMNITY. You agree to defend, indemnify and hold harmless Itsagoodday.org, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Itsagoodday.org website; (2) your violation of any term of these Terms of Service; (3) your violation of any third party right, including without limitation and copyright, property, or privacy right; or (4) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Itsagoodday.org website. ABILITY TO ACCEPT TERMS OF THIS DOCUMENT. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, and representations in this document. JURISDICTION AND APPLICABLE LAW. This site is designed for use by U.S. residents only. If you are not a U.S. resident, you can use this site, but you are responsible for making sure that you actions comply with the laws in your area. This agreement shall be governed by the laws of the State of Utah, as applied to agreements entered into and to be performed entirely within the state, without giving effect to any principles of conflicts of law. Any action you bring to enforce this agreement or any matters related to this site shall be brought in either the state or federal courts located in Utah, and you hereby consent and submit to the personal jurisdiction of such courts of the purposes of litigating any such action. If any provision of this agreement is unlawful, void, or unenforceable in whole or in part, the remaining provisions shall not be affected, unless we determine that the invalid or unenforceable provision is an essential term to the agreement, in which case we may at our sole discretion amend the agreement. If Itsagoodday.org is forced to enlist the services of an attorney to enforce the terms of this agreement, then you shall be responsible for the reasonable attorneys’ fees and court costs Itsagoodday.org incurs in enforcing the terms of this document.