Terms of Use
    
    
        Effective 
        Date: January 1st, 2010
    
        THESE TERMS 
        OF USE, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING CONTRACT BETWEEN 
        VISITORDAY, LLC. ("VISITORDAY" or "we") AND YOU ("you"). YOU MUST READ AND AGREE 
        TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE VISITORDAY.COM 
        WEBSITE (the "Site") OR ANY APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON 
        OR THROUGH THE SITE (COLLECTIVELY, THE “SERVICE”). BY USING THE SERVICE, YOU 
        AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE 
        SERVICE. 
    
    
        - DESCRIPTION 
            OF SERVICE; MINIMUM AGE REQUIREMENT 
            
                - Description 
                    of Service. VisitorDay offers an array of services and interactive tools for 
                    publishing content on the Internet.  
                    
 
                - Age 
                    Requirement. You must be at least 14 to use the Service. 
                
 
            
         
        - 
            MODIFICATIONS TO TERMS 
            
                - Procedure. 
                    At any time VisitorDay may change these Terms, which includes the Privacy Policy 
                    and any other agreement that is incorporated by reference into these Terms. We 
                    will provide notice to you of any material change in the Terms by posting notice 
                    to the Site and sending you an email to your VisitorDay email account or to the 
                    non- VisitorDay email address that we have on record for you. Your continued use 
                    of the Service 30 days after our notice to you of a change in the Terms will 
                    mean that you have agreed to be bound by the amended Terms. 
                
 
                - Your 
                    Obligation to Stay Current. It is critical that you keep your email contact 
                    information correct and updated with VisitorDay at all times. In addition, we 
                    encourage you to check back regularly to review these Terms at least once every 
                    30 days. 
 
            
         
        - 
            MODIFICATIONS TO SERVICE.
 
    
    
        We reserve the right to modify or discontinue, 
        and restrict or block access to, the Service without notice to you. VisitorDay 
        reserves the right to modify the payment program, including without limitation 
        the percentage share or payment period at any time in its sole discretion.
         We may modify or remove any Content from 
        the Service at any time without notice to you, including removal of Content that 
        we believe to be obscene, lewd, lascivious, filthy, excessively violent, 
        harassing, or otherwise objectionable. We are not liable for any such 
        modification, suspension, discontinuance or removal, and any such action by us 
        will not affect VisitorDay's license to your Content as stated in Section 5 
        below. 
    
    
        - POSTING 
            CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES 
            
                - Content 
                    Protected by Intellectual Property Rights. Any content available through the 
                    Service, including games, applications, software, text, audio, video, pictures, 
                    graphics, music, sound clips, images, likenesses, personal information and other 
                    works of authorship (collectively, "Content") is protected by the intellectual 
                    property rights of VisitorDay or its licensors. 
 
                - Your 
                    Warranties Regarding Your Content. By displaying or publishing ("posting") any 
                    Content on the Service, you warrant and represent the following: 
                    
                    
                        - you own all 
                            rights in your Content or, alternatively, you have sufficient rights in your 
                            Content to grant to VisitorDay the rights described in these Terms;
 
                        - you will 
                            pay all license fees, clearance fees, and other financial obligations of any 
                            kind, arising from any use of your Content; 
 
                        - 
                            you are the 
                            individual pictured, depicted, and/or heard in your Content or you have obtained 
                            permission from each person (including consent from parents or guardians for 
                            anyone under the age of eighteen (18)) who appears and/or is heard in your 
                            Content to grant the rights to VisitorDay described in these Terms; and
 
                        - your 
                            Content is not defamatory, does not infringe the intellectual property rights, 
                            privacy, rights to publicity or any other legal or moral rights of any third 
                            party. 
 
                    
                 
                - 
                    Establishing an Account to Post Content. To post Content on the Site, you must 
                    first complete the Site registration process to create an account with a user 
                    name and password (the "Account"). You may not share your password with anyone 
                    unless you are a minor, in which case you may share your password with your 
                    parents or other legal guardians. You must always provide accurate current and 
                    complete information to VisitorDay for the Service. You must update such 
                    information in a timely manner to maintain its accuracy and completeness. Any 
                    use of the Service through your Account will be deemed as being used by you. 
                    VisitorDay is entitled to rely on the contact and other information that is 
                    supplied to us through your Account. Your Account is non-transferable and 
                    non-assignable. 
 
            
         
        - OWNERSHIP 
            OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS 
            
                - Ownership 
                    of Your Content. You retain ownership of your rights in any Content you post to 
                    the Service, subject to the non-exclusive rights that you grant to us as 
                    described in these Terms. 
 
                - Your 
                    License to VisitorDay. 
                    
                        - Subject to 
                            your right to terminate your license to us as described in Section 5(C), you 
                            hereby grant VisitorDay an irrevocable, perpetual, worldwide, royalty-free, 
                            freely transferable, freely sub-licensable (through unlimited levels of 
                            sublicense), non-exclusive license to use, reproduce, modify, transmit, 
                            distribute, publicly perform and display (including in each case by means of a 
                            digital audio and video transmission), advertise in, on, and around, and create 
                            derivative works of the Content you submit or make available for inclusion on or 
                            through the Service, and to incorporate such Content into other works in any 
                            form, media, or technology now known or later developed. 
                        
 
                        - You also 
                            hereby waive any moral rights you may have under the laws of any jurisdiction in 
                            Content you submit or make available on or through the Service. We may (but are 
                            not obligated to) display your Content, including your username and your actual 
                            name (according to the preferences you select). 
 
                    
                 
                - Your Right 
                    to Terminate the License. For Content consisting of photos, graphics, audio or 
                    video (but not, for clarity, any Content solely in the form of text) that you 
                    have submitted or made available for inclusion on or through the Service, you 
                    may remove or modify such Content from the Service at any time. Your removal of 
                    such Content from the Service will terminate our license to such Content. But if 
                    prior to such removal or modification, VisitorDay has distributed, or developed 
                    specific plans to distribute, any electronic, printed, or other materials 
                    containing such Content (e.g., in advertising, promotion or otherwise), then 
                    VisitorDay has a limited right to continue to distribute those materials. If you 
                    want VisitorDay to stop distributing the materials, simply send us written 
                    notice to stop distributing such materials, in which event we will stop 
                    distributing the materials within 30 days. Your notice must be signed by you, 
                    include your telephone number and email address, and be sent by first class 
                    mail, postage prepaid, to VisitorDay, LLC., 26111 Brush Ave. Suite 210, Cleveland,
                     OH 44132, Attn: Copyright Agent. In addition, the notice must clearly identify the 
                    Content at issue, describe the specific use of the Content you wish to end, and 
                    contain statements that you own or have an exclusive right to the Content and 
                    that all the information in the notice is true and correct. The 30 day period 
                    for VisitorDay to stop distributing your Content begins only once VisitorDay has 
                    received a notice complying with the requirements of this Section 5(C). 
                    
 
                - User 
                    Contact Submissions. When you submit ideas, suggestions, documents, or proposals 
                    (collectively, "Submissions") to VisitorDay through our “Contact Us” web page 
                    located at http://www. VisitorDay.com/ContactUs.aspx or otherwise, you 
                    represent, warrant, and agree that: (i) your Submissions do not include 
                    confidential or proprietary information; (ii) if we so choose, VisitorDay may 
                    use and disclose your Submissions in any way; and (iii) VisitorDay has no 
                    obligation to pay or reimburse you for your Submissions or our use of your 
                    Submissions
 
                - While we 
                    provide services, you remain the owner and registrant of each domain name for 
                    which you elect to use our Service, with all attendant rights and 
                    responsibilities. We have no ownership, license, or other interest in the domain 
                    name. You have full control over how you use your domain, whether by requesting 
                    our services or otherwise. This means that you solely accept and assume all 
                    liability for any harm caused by any wrongful acts regarding or use of domain(s) 
                    that are using the Service. 
 
            
         
        - PROHIBITED 
            CONTENT. You must not post to the Service any Content that, as reasonably 
            determined by VisitorDay, is or appears to be the following: 
            
                - untrue, 
                    misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, 
                    obscene, invasive to another person's privacy or protected data, hateful, or 
                    racially or otherwise objectionable; 
 
                - infringing 
                    upon a third party's intellectual property rights, including any patent, 
                    trademark, trade secret, copyright, right of publicity, including any Content 
                    that is the subject of any claim of infringement;
 
                - of a type 
                    that you do not have a right to transmit under any law or under contractual or 
                    fiduciary relationships, such as proprietary and confidential information; 
                    
 
                - 
                    unsolicited, undisclosed or unauthorized advertising; 
                
 
                - software 
                    viruses or any other computer code, files, or programs designed to interrupt, 
                    destroy, or limit the functionality of any computer software or hardware or 
                    telecommunications equipment; 
 
                - data or 
                    information obtained through access that was not authorized by the owner, or 
                    that you are not authorized to post; or 
 
                - in 
                    violation of any applicable local, state, national or international law 
                    (including export laws).
 
            
         
        - PROHIBITED 
            CONDUCT; LIQUIDATED DAMAGES FOR SPAM AND OTHER MISUSE. 
            
                - Prohibited 
                    Conduct. You must not do, or attempt to do, any of the following, as reasonably 
                    determined by VisitorDay, subject to applicable law: 
                    
                        - access or 
                            use the Service in any way that is not in compliance with any applicable local, 
                            state, national or international law (including export laws), contracts, 
                            intellectual property rights or constitutes the commission of a tort, or for any 
                            purpose that is harmful or unintended (by us), or other than in full compliance 
                            with these Terms; 
 
                        - access, 
                            tamper with, or use services or areas of the Service that you are not authorized 
                            to access; 
 
                        - alter 
                            information on or obtained from the Service; 
 
                        - tamper with 
                            postings, registration information, profiles, submissions or Content belonging 
                            to VisitorDay or other users of VisitorDay; 
 
                        - use any 
                            robot, spider, scraper or other automated means or interface not provided by us 
                            to access the Service or extract data or gather or use information, such as 
                            email addresses, available from the Service or transmit any unsolicited 
                            advertising, "junk mail," "spam," or "chain letters"; 
                        
 
                        - frame any 
                            part of the Service, or link to the Service, or otherwise make it look like you 
                            have a relationship to us or that we have endorsed you or your Content for any 
                            purpose except as expressly permitted in writing by VisitorDay; 
                            
 
                        - impersonate 
                            or misrepresent your affiliation with any person or entity; 
                        
 
                        - reverse 
                            engineer any licensed software, application, games or any other aspect of the 
                            Service or do anything that might discover source code, or bypass or circumvent 
                            measures employed to prevent or limit access to any area, content or code of the 
                            Service; 
 
                        - send to or 
                            otherwise impact us or the Service (or anything or anyone else) with harmful, 
                            illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or 
                            other code that could adversely impact the Service or any recipient; or 
                            
 
                        - take any 
                            action which might impose a significant burden (as determined by us) on the 
                            Service's infrastructure or computer systems, or otherwise interfere with the 
                            ordinary operation of the Service.
 
                        - You have no 
                            right to receive or keep payments from us for traffic that we suspect or 
                            determine at any time to be fraudulent. Furthermore, you will not be paid for 
                            traffic to an Excluded URL or traffic that we determine has come as a result of 
                            a Wrongful Act. 
 
                        - You may not 
                            generate traffic to your pages or other pages within the Service by any of the 
                            following methods: listings on newsgroups, bulk e-mailing, icq postings, or 
                            chatroom/irc postings, iframes, zero pixel frames, hitbots, clickbots, spiders, 
                            cgi-scripts, JavaScript, enticing visitors into clicking on any links, click 
                            farms or any other similar method. 
 
                    
                 
                - Liquidated 
                    Damages. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, 
                    SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER 
                    COMMUNICATION") THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED 
                    SUBSTANTIAL HARM TO VISITORDAY, BUT THAT THE AMOUNT OF THE HARM WOULD BE 
                    EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU 
                    WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION. 
                    
 
            
         
        - MONITORING 
            OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES 
            
                - No Duty to 
                    Monitor. We are under no obligation to restrict or monitor the Service or any 
                    Content in any way. VISITORDAY DOES NOT REGULARLY MONITOR THE ACCURACY OR 
                    RELIABILITY OF CONTENT. However, we reserve the right to modify or remove any 
                    Content at any time. Any opinions, advice, statements, services, offers, or 
                    other information or Content expressed or made available by third parties, 
                    including other users, are those of the respective author(s) and not of 
                    VisitorDay. VisitorDay neither endorses nor is responsible for the accuracy or 
                    reliability of any opinion, advice, information, or statement made on the 
                    Service. 
 
                - Right to 
                    Resolve Disputes. VisitorDay has the right, but not the obligation to resolve 
                    disputes between users relating to the Service and VisitorDay's resolution of a 
                    particular dispute does not create an obligation to resolve any other dispute. 
                    VisitorDay’s resolution of any dispute is final with respect to the Service. 
                    
 
            
         
        - PROTECTION 
            OF CONTENT. 
            
                - License by 
                    VisitorDay to You. You must respect the intellectual property laws protecting 
                    our Service. VisitorDay grants you a limited, revocable, non-transferable, 
                    non-sublicensable, non-exclusive license, under the rights VisitorDay has in the 
                    Content, to privately display and perform the Content on your computer for your 
                    own personal, noncommercial purposes. 
 
                - Reservation 
                    of Rights. On its own behalf and the behalf of its licensors, VisitorDay 
                    reserves all rights in the Content, including any software, not expressly 
                    granted in this Section 9. VisitorDay does not in any way grant any other rights 
                    to you. Except as expressly stated in this Section 9, you may not reproduce, 
                    distribute, modify, publicly perform or display, or prepare derivative works of 
                    any Content, including any software, without prior written consent from 
                    VisitorDay or other third-party owner of the rights in that Content (if any). 
                    
 
            
         
        - PRIVACY 
            POLICY. 
 
    
    
        Please see our Privacy Policy http://www. 
        VisitorDay.com/privacy-policy.aspx. Our Privacy Policy is part of and 
        incorporated into these Terms. We reserve the right to contact you about these 
        Terms or any Content or activities relating to the Service. 
    
    
        - TERMINATION 
            OR CANCELLATION. 
            
                - Right to 
                    Terminate. We may, at any time, without notice to you, terminate your access to 
                    the Service, and your Account, or block your access to the Service if: 
                    
                    
                        - we believe 
                            in our sole discretion that you may have violated these Terms or have otherwise 
                            engaged in any activities that may harm or damage the reputation, rights, 
                            person, or property of VisitorDay, our users, or any other person; 
                            
 
                        - requested 
                            by law enforcement or other government agencies; or 
 
                        - your 
                            Account has extended periods of inactivity. 
 
                    
                 
                - Notice of 
                    Termination. If applicable law requires us to provide notice of termination or 
                    cancellation, we may give prior or subsequent notice by posting it on the Site 
                    or by sending a communication to any address (email or otherwise) that we have 
                    for you in our records. 
 
                - Effect of 
                    Termination. Upon termination of your Account or the Service, your agreement 
                    with VisitorDay pursuant to these Terms will also terminate, except that the 
                    following provisions survive the termination: Section 4 "Posting Content on the 
                    Service; Representations and Warranties," Section 5 "Ownership of Rights; 
                    License Rights; User Submissions," Section 9 “Protection of Content,” Section 13 
                    "Indemnification," Section 14 "Disclaimer of Warranties," Section 15 "Exclusion 
                    of Damages; Limitation of Liability," and Section 19 "Additional Terms" and the 
                    Privacy Policy. If your Account or access to the Service is terminated, you may 
                    no longer have access to the Content you posted on the Service. 
                    
 
            
         
        - DEALINGS 
            WITH MERCHANTS; LINKS 
            
                - 
                    Advertisements and Links. The Service contains advertisements, offers, or other 
                    links to websites of third parties that we do not control. Advertisements and 
                    other information provided by third parties may not be wholly accurate. 
                    VisitorDay is not responsible or liable for (i) the availability or accuracy of 
                    such sites or advertisements; or (ii) the content, products or services 
                    available from such sites. The inclusion of any link on the Service does not 
                    imply that we endorse the linked site. You use the links at your own risk. 
                    VisitorDay’s Privacy Policy is applicable only when you are on our Site. Once 
                    you link to another website, its privacy statement applies to any personal 
                    information you supply. 
 
                - 
                    Transactions with Third Parties. Your transactions and other dealings with third 
                    party merchants or advertisers that are found on or through the Service, 
                    including "click to purchase," “co-registration,” and other similar programs, 
                    including payment and delivery of related goods or services, are solely between 
                    you and such merchant or advertiser. 
 
            
         
        - 
            INDEMNIFICATION.
     
 
    
    
        You agree to hold VisitorDay, and their 
        subsidiaries, affiliates (for example, those listed at www. VisitorDay.com), 
        officers, directors, employees, agents, attorneys, and suppliers, and each of 
        their respective successors and assigns (collectively, the “Indemnified 
        Persons”), harmless from, and indemnify them for, all damages, costs, expenses 
        and other liabilities, including reasonable attorneys' fees and expenses, 
        relating to any claim arising out of or related to: (i) your access to and use 
        of the games, software, and other aspects of the Service and the Content; (ii) 
        your violation of these Terms, and any applicable law or the rights of another 
        person or party; (iii) any dispute you have with any user of the Service and any 
        dispute you have related to any merchant or advertising found on or through the 
        Service; (iv) VisitorDay’s resolution (if any) of any dispute you have with any 
        user of the Service; (v) your improper authorization for VisitorDay to collect, 
        use or disclose any Content provided by you; and (vi)any disclosures made with 
        your permission. 
    
    
        - DISCLAIMER 
            OF WARRANTIES. 
 
    
    
        VISITORDAY PROVIDES THE SERVICE "AS IS" AND "AS 
        AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISITORDAY MAKES NO 
        REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO 
        THE OPERATION OF THE SERVICE OR THE INFORMATION, GAMES, SOFTWARE, OR CONTENT 
        INCLUDED IN THE SERVICE. VISITORDAY MAKES NO REPRESENTATIONS OR WARRANTIES THAT 
        THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO 
        THE MAXIMUM EXTENT PERMITTED BY LAW, VISITORDAY EXPRESSLY DISCLAIMS ALL 
        REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR 
        IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF 
        MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND 
        THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME 
        JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME 
        OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES 
        OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. 
        IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING 
        PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING 
        COSTS OR DAMAGES. 
    
    
        - EXCLUSION 
            OF DAMAGES; LIMITATION OF LIABILITY. 
 
    
    
        TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF 
        THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, 
        INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, 
        LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR 
        ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN 
        THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. 
        WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU 
        OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US. 
        
    
    
        - COPYRIGHT 
            INFRINGEMENT/DMCA. 
            
                - VisitorDay 
                    respects the intellectual property rights of others and requests that users of 
                    the Service do the same. If you believe that your work is being used on the 
                    Service in a way that constitutes copyright infringement, you may notify us by 
                    providing our copyright agent with the following information in writing: 
                    
                    
                        - the 
                            electronic or physical signature of the owner of the copyright or the person 
                            authorized to act on the owner's behalf; 
 
                        - 
                            identification of the copyrighted work that you claim has been infringed; 
                            
 
                        - 
                            identification of the material that is claimed to be infringing and information 
                            reasonably sufficient to permit VisitorDay to locate the material (for example, 
                            by providing a URL to the material); 
 
                        - your name, 
                            address, telephone number, and email address; 
 
                        - a statement 
                            by you that you have a good faith belief that the disputed use is not authorized 
                            by the copyright owner, its agent, or the law; and 
 
                        - a statement 
                            that the information in your notification is accurate and a statement, made 
                            under penalty of perjury, that you are the copyright owner or are authorized to 
                            act on the copyright owner's behalf. 
 
                    
                 
                - Our 
                    designated agent to receive notification of claimed infringement can be reached 
                    at: Copyright Agent 26111 Brush Ave. Suite 210, Cleveland, OH 44132 or at 
                    legal@VisitorDay.com. 
 
                - It is our 
                    policy to terminate in appropriate circumstances any Account or user for 
                    repeated infringement of intellectual property rights, including copyrights, and 
                    we also reserve the right to terminate an Account or user for even one instance 
                    of infringement. 
 
                - VisitorDay 
                    may access, preserve and disclose to third parties any of your information or 
                    data (including personally identifiable information and private communications) 
                    related to a written complaint of copyright infringement if we believe in our 
                    sole discretion that such access, preservation, or disclosure is necessary or 
                    useful to respond or otherwise address such complaint. 
                
 
            
         
        - CUSTOMER 
            SUPPORT. 
 
    
    
        We have no obligation to provide you with 
        customer support of any kind. However, we may provide you with customer support 
        from time to time, at our sole discretion, if you have created an Account and 
        you submit your customer support questions using your Account.
    
        - NOTICES AND 
            CONTACT INFORMATION. 
 
    
    
        Except as otherwise provided in these Terms, 
        VisitorDay will give you any notices by posting them on the Site. Since notice 
        of any material change to the Terms will be posted to the Site for at least 30 
        days, we encourage you to visit the Site at least that often. You also authorize 
        VisitorDay to send notices (including notice of subpoenas or other legal 
        process, if any) via electronic mail to either your VisitorDay email account or 
        to the non- VisitorDay email address that we have on record for you. You must 
        check the Site for notices, and you will be considered to have received a notice 
        when it is made available to you by posting on the Site or when sent by 
        VisitorDay via electronic mail, whether or not received by you. VisitorDay may 
        provide notice to any email or other address that you provide to us. You must 
        keep your address current and any notice sent by VisitorDay to the address that 
        you have most recently provided is effective notice. With the exception of 
        notices related to removal of licensed material and to copyright infringement as 
        described in Sections 5 and 16 above, respectively, you must send us any notice 
        by mailing it to our address for Legal Notices which is: VisitorDay, LLC., 26111
         Brush Ave. Suite 210, Cleveland, OH 44132, U.S.A., Attn: Legal Department. 
        
    
    
        - ADDITIONAL 
            TERMS 
            
                - Agreement 
                    to Conduct Transactions Electronically. All of your transactions with or through 
                    the Service may, at our option, be conducted electronically from start to 
                    finish. If we decide to proceed non-electronically, those services will still be 
                    governed by the remainder of these Terms unless you enter into different terms 
                    on a form provided by us. If the law allows you to withdraw this consent or if 
                    we are ever required to deal with you non-electronically, we reserve the right 
                    to charge or increase fees and you agree to print or make an electronic copy of 
                    the Terms and any other contract or disclosure that we are required to provide 
                    to you. 
 
                - Compliance 
                    with Laws. You are responsible for compliance with applicable local laws. Access 
                    to the Service Content by certain persons or in certain countries may not be 
                    legal. 
 
                - No Agency; 
                    No Third Party Beneficiary. These Terms do not create any agency, partnership, 
                    joint venture, employee-employer or franchisor-franchisee relationship. Except 
                    for the Indemnified Persons, there are no third party beneficiaries of these 
                    Terms. 
 
                - Severance . 
                    If any part of the Terms is held by a court of competent jurisdiction to be 
                    invalid or unenforceable, the invalid or unenforceable part will be given effect 
                    to the greatest extent possible and the remainder will remain in full effect, 
                    provided that the allocation of risks described in these Terms is given effect 
                    to the fullest extent possible. 
 
                - Assignment. 
                    These Terms are personal to you and you may not transfer, assign or delegate 
                    them to anyone without the express written permission of VisitorDay. Any attempt 
                    by you to assign, transfer or delegate these Terms without the express written 
                    permission of VisitorDay will be null and void. VisitorDay has the right to 
                    transfer, assign and delegate these Terms to one or more third parties without 
                    your permission. 
 
                - 
                    Jurisdiction; Choice of Law; Export Limitations. This Service is controlled by 
                    us from our offices in the United States of America and is directed to U.S. 
                    users. If you access the Service from locations outside the U.S., you do so at 
                    your own risk and you are responsible for compliance with applicable local laws. 
                    You may not use or export anything from the Service in violation of U.S. export 
                    laws and regulations or the Terms. These Terms and all performances and claims 
                    of every nature between us are governed by the laws of the State of Ohio, 
                    U.S.A., without regard to any conflicts of laws principles that would result in 
                    the application of the law of a different jurisdiction. You and VisitorDay 
                    submit to the exclusive personal jurisdiction and venue of the state and federal 
                    courts located within Cuyahoga County, Ohio. 
 
                - Limitations 
                    on Actions. Any action concerning any dispute with respect to the Service must 
                    be commenced within one year after the cause of the dispute arises, or the cause 
                    of action is barred. 
 
                - 
                    Interpretation. The paragraph headings in these Terms are included to help make 
                    these Terms easier to read and have no binding effect. As used in these Terms, 
                    the words “include” and “including” are meant to be illustrative and not 
                    exhaustive. 
 
                - Entire 
                    Agreement. These Terms (including terms incorporated into them, e.g., the 
                    Privacy Policy) and any policies and guidelines posted to the Service by 
                    VisitorDay comprise the entire agreement (the "Entire Agreement") between you 
                    and VisitorDay with respect to the use of the Service and supersede all 
                    contemporaneous and prior agreements between the parties regarding the subject 
                    matter contained herein, and neither party has relied on any representations 
                    made by the other that are not expressly set forth in the Entire Agreement. 
                    
 
                - No Waiver. 
                    The failure of any party to exercise or enforce any right or provision of these 
                    Terms, including any failure to act with respect to a breach, will not 
                    constitute a waiver of such right or provision or that party’s right to act with 
                    respect to subsequent or similar breaches. We suggest that you print out a copy 
                    of these Terms for your records. 
 
            
         
        - FURTHER 
            INFORMATION 
 
    
    
        If you have a complaint, you may contact us at 
        VisitorDay, LLC. Legal Department, 26111 Brush Ave. Suite 210, Cleveland, OH 44132, 
        U.S.A. 
    
    
        - LEGAL 
            NOTICES. 
            
                - NOTICE OF 
                    AVAILABILITY OF FILTERING SOFTWARE 
 
            
         
    
    
        All users are hereby informed by the provider 
        of this interactive computer service that parental control protections (such as 
        computer hardware, software, or filtering services) are commercially available 
        that may assist in limiting access to material that is harmful to minors. A 
        report detailing some of those protections can be found at 
        http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's 
        Internet Protection Act: Report on the Effectiveness of Internet Protection 
        Measures and Safety Policies).
    
        
            - NOTICE: NO 
                HARVESTING OR DICTIONARY ATTACKS ALLOWED 
 
        
    
    
        YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) 
        INITIATE THE TRANSMISSION TO VISITORDAY COMPUTERS OR DEVICES OF A COMMERCIAL 
        ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT 
        DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST 
        IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF 
        ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
    
        
            - NOTICE RE 
                TRADEMARKS 
 
        
    
    
        The trademarks VisitorDay and all other 
        trademarks listed below or used in the Service are owned or used under license 
        by VisitorDay, LLC. and its affiliated organizations. The names of third parties 
        and their products mentioned may be their trademarks. You may not use any of the 
        above or other trademarks displayed on the Service or in any Service content. 
        All rights are reserved.
    
        Copyright © 2010. VisitorDay, LLC.