For the purposes of these Terms of Service, the term, “Websites and Alexa Skills”, shall refer collectively to www.daysfly.com and age.daysfly.com, the Alexa Game Engine (AGE) and any Alexa skills created or maintained by Days Fly LLC (Days Fly) as well as other websites and Alexa skills that Days Fly operates and that link to these Terms of Service.
1. Changes to Terms. These Terms, or any part thereof, may be modified by Days Fly, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites and Alexa Skills after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
2. Changes to Websites. Days Fly may change or discontinue any aspect, service or feature of the Websites and Alexa Skills at any time, including, but not limited to, content, availability, and equipment needed for access or use.
3.1 Days Fly offers a subscription to its Alexa Game Engine (AGE) which provides access to its game console (a web interface) to configure a game delivered through an Alexa skill (a web service). Access to the game either by browser (the game console) or Alexa-enabled device (the game engine) is entirely by permission of Days Fly in connection with a monthly subscription to AGE. Days Fly may suspend or terminate service for any reason whatsoever including nonpayment, misuse of copyrighted material, or content that Days Fly deems inappropriate. Any customer who has paid for a subscription is, in the event of said termination, eligible for a partial refund of their payment prorated against the remaining time of service for the current billing period. Customers who elect to terminate service upon notification to Days Fly may also be eligible for a partial refund, though such voluntary termination will take effect at the end of the month in which Days Fly is notified. Note that if service is terminated, the Alexa skill connected to the subscription will no longer function.
3.2 Monthly subscriptions to AGE are billed either monthly or annually, following the date of the original payment. Charges are billed automatically. If the transaction fails to go through and the due date passes, the associated Alexa skill will cease to function. By renewing the subscription, the Alexa skill will once again become operational. Days Fly is not responsible for lost traffic or revenue due to suspension or termination of a subscription. A subscription to AGE does not provide ownership of the game console (website interface) or game engine (web service) needed to maintain and power the skill. A worldwide, nonexclusive license is extended to subscribers to use the game console and the game engine until and unless service is terminated, at which time the license will expire. Days Fly is under no obligation to renew service or return the content submitted through the game console. Days Fly retains exclusive right to and ownership of its technology, programming, and data, with the exception of content submitted by its customers through the game console, including textual responses, MP3 files, and image files. Such content remains the property and responsibility of the entity that submitted it.
3.3 Days Fly provides a monthly support option to AGE at an additional cost that provides assistance through its Slack channel to customers with questions or unresolved issues in their game logic or game build. As part of this support, Days Fly will also assist in the process of helping the subscriber pass the skill through Amazon's certification process. A support plan will include a number of "major incidents" each month to which Days Fly will respond under the direction of the subscriber. Days Fly can regard any service request as a major incident at its own discretion, including questions about a subscriber's game, how to use AGE, or one or more issues in a subscriber's certification feedback. Days Fly also has the discretion to regard a question or issue as "minor" and not count it toward a subscriber's "major incidents" total. Days Fly has the discretion to classify a number of minor incidents as a major incident. If a subscriber exceeds the number of included major incidents, a quote will be provided with negotiated terms for assistance beyond the number of major incidents included for that month's service, if requested by the subscriber. Days Fly makes no expressed commitment to the time it will take to respond to an incident or question, but a typical time frame is two business days. Days Fly has the right to regard a subscriber's request or incident as outside the terms of service if it relates to matters that are not part of the functionality included with AGE or if it relates to issues with the Alexa voice service itself (and its limitations). The monthly support option does not include development or content-loading, only direction on the best way to resolve problems given the capabilities and limitations of the game engine. It is the subscriber's responsibility to apply corrections to resolve issues.
3.4 Days Fly may at its discretion add bandwidth charges to any skill developed through AGE that utilizes in excess of three (3) gigabytes of data traffic each month, in the form of Alexa requests, Alexa responses, and traffic within the AGE game console. Alexa responses include MP3 and image files that are delivered in connection with the Websites and Alexa Skills and may impact bandwidth charges. Days Fly may charge up to $3 US per gigabyte used in a given month in excess of the first three gigabytes.
3.5 Days Fly offers website hosting and dedicated server hosting. Website hosting may be terminated by the customer with thirty (30) days notice following the next scheduled monthly billing cycle. Dedicated server hosting may be terminated by the customer with ninety (90) days notice following the next scheduled monthly billing cycle. Customers may request a one-time export of their data after payment of the final invoice.
4.1 The Websites and Alexa Skills may contain Alexa responses, HTML content, MP3 audio files, or other interactive features (“Interactive Responses”) in which you may post or upload user-generated content, audio, photos, descriptions, or other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Responses and you use them at your own risk. By submitting User Content to the Websites and Alexa Skills, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites and Alexa Skills.
4.2 By submitting any User Content or making use of the Websites and Alexa Skills, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Days Fly, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites or Alexa Skills; (j) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (k) uses the name or likeness of an identifiable natural person without such person’s consent. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Days Fly, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites and Alexa Skills.
4.3 You agree not to represent or suggest, directly or indirectly, Days Fly’s endorsement of User Content.
4.4 You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
4.5 Any conduct that Days Fly, in its sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites and Alexa Skills will not be permitted. Days Fly reserves the right, in its sole discretion, to remove or edit User Content submitted by you.
4.6 Days Fly is not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites and Alexa Skills. Through your use of Interactive Responses, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Responses, you assume all associated risks.
4.7 Days Fly has the right, but not the obligation, to monitor User Content posted or uploaded to the Websites and Alexa Skills to determine compliance with these Terms and any operating rules established by Days Fly and to satisfy any law, regulation or authorized government request. Although Days Fly has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites and Alexa Skills, Days Fly reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites and Alexa Skills at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites and Alexa Skills at your sole cost and expense. The decision by Days Fly to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on Days Fly's part in connection with or arising from your use of Interactive Responses on the Websites and Alexa Skills.
4.8 By submitting User Content to the Websites and Alexa Skills, you automatically grant Days Fly the right to reference your work in our marketing materials, including the use of your logo and graphics to bring attention to your work. You represent and warrant to Days Fly that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to Days Fly the right, but not the obligation, to pursue at law any person or entity that violates your or Days Fly's rights in the User Content by a breach of these Terms.
5. User Conduct Guidelines. The following terms apply to your conduct when accessing or using the Websites and Alexa Skills: (a) you agree not to interfere with or disrupt the Websites and Alexa Skills or the servers or networks connected to the Websites and Alexa Skills, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites and Alexa Skills; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites and Alexa Skills, use of the Websites and Alexa Skills, or access to the Websites and Alexa Skills; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, Days Fly or any Days Fly employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites and Alexa Skills or posting private information about a third party.
6. Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, audio, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites and Alexa Skills, apart from the User Content, is owned by or licensed to Days Fly. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
Except with Days Fly's express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites and Alexa Skills or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
You may display, copy and download Content from the Websites and Alexa Skills solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
7. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES AND ALEXA SKILLS IS AT YOUR SOLE RISK. DAYS FLY, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITES OR ALEXA SKILLS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES OR ALEXA SKILLS, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES OR ALEXA SKILLS.
(B) THE WEBSITES AND ALEXA SKILLS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL DAYS FLY, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES OR ALEXA SKILLS. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF DAYS FLY OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT DAYS FLY OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES AND ALEXA SKILLS OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Websites and Alexa Skills, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Websites and Alexa Skills.
8. Indemnification. You agree to defend, indemnify and hold harmless Days Fly, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites and Alexa Skills by you. This includes copyright claims made with regard to content you have posted to the Websites and Alexa Skills. Days Fly reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Days Fly with such cooperation as is reasonably requested by Days Fly.
9. Termination. Days Fly may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, Days Fly shall have the right to immediately terminate your access to the Websites and Alexa Skills in the event of any conduct by you which Days Fly, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 2, and 5 through 12 shall survive termination of these Terms.
10. Governing Law. The content, data, video, and all other material and features on the Websites and Alexa Skills are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites and Alexa Skills, and/or the provision of content, services, and/or technology on or through the Websites and Alexa Skills shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
11. Copyrights and Copyright Agent. We respect others’ intellectual property rights, and expect our users and customers to do the same. If you believe that your work has been copied on the Websites and Alexa Skills in a way that constitutes copyright infringement, please get in touch with Days Fly through our contact page. We reserve the right to terminate access to the Websites and Alexa Skills for users or customers who post material that infringes the intellectual property rights of others.
12. Miscellaneous. These Terms and any operating rules for the Websites and Alexa Skills established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of Days Fly, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties.