1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your") and Dayly ("we," "us," "our") concerning your access to and use of the daylybody.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). By using the Site, you agree to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Site and must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. User Representations and Accounts

By using the Site, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity to comply with these Terms; (c) you will not access the Site through automated or non-human means; and (d) your use of the Site will not violate any applicable law or regulation.

If you create an account, you are responsible for maintaining the confidentiality of your password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

4. Products and Payments

We make every effort to display our products and their colors as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to refuse any order you place with us.

By providing payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will pay all charges incurred.

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, but are not limited to:

• Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Attempting to impersonate another user or person.
• Using any information obtained from the Site in order to harass, abuse, or harm another person.

6. Disclaimer of Warranties; Limitation of Liability

The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied.

In no case shall Dayly, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any products procured using the Site.

7. Changes to Terms

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.