FindAdultDayCare.com Terms of use

‍These Terms of Use ("Terms") should be read carefully – by accessing or making any use of FindAdultDayCare.com and or FindAdultDayCare via FindAdultDayCare.com.com or FindAdultDayCare.com, APIs or mobile applications (collectively the “FindAdultDayCare.com Platform”) you are agreeing that you have read, understood, and are bound bound by them. Our Privacy Policy www.FindAdultDayCare.com/privacy shows how we deal with our users' personal information and privacy.
“FindAdultDayCare.com” and “FindAdultDayCare” are trading names for Storii, Inc. in the United States of America. (FindAdultDayCare.com, and Storii, Inc. are collectively referred to as “The Company”).
THESE TERMS AND CONDITIONS MAY BE SUBJECT TO CHANGE FROM TIME TO TIME, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THEM BEFORE REGISTERING OR CONTINUING USE OF FindAdultDayCare.com OR FindAdultDayCare.
1. IntroductionThese Terms set out your rights and obligations, and those of the FindAdultDayCare.com Platform (“we" or "us"), in relation to www.FindAdultDayCare.com.com and www.FindAdultDayCare.com (the "Sites”), any FindAdultDayCare.com application that you access (each an "App") and any goods or services available through, and material of any kind accessible or relating to, the Site, the App or us (the “Services”). When we refer to "FindAdultDayCare.com" or “FindAdultDayCare” in these Terms, we mean us, the Site, the App and/or the Services, according to the context.
You should take the time to read and understand these Terms. By registering with FindAdultDayCare.com or FindAdultDayCare, you accept that you are entering into a contract with us under these Terms. People who register for FindAdultDayCare.com or FindAdultDayCare establish an "Account", and become "Users" (on FindAdultDayCare.com) or a “Business” (on FindAdultDayCare). Visitors to FindAdultDayCare.com or FindAdultDayCare who do not become Users or a Business, but who nevertheless use the Site and/or download the App, affirm that they are bound by these Terms each time they access FindAdultDayCare.com or FindAdultDayCare. You should be aware that these Terms may change from time to time in accordance with Clause 19 below. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use these Services.
2. The Essentials of FindAdultDayCare.com and FindAdultDayCareFindAdultDayCare.com and FindAdultDayCare are two connected platforms with different use cases. FindAdultDayCare is used by care businesses, and FindAdultDayCare.com is used by family members of those in care.
-FindAdultDayCare.com provides Users with the facility to:-Create logs of memories and media associated with their own and other people’s lives-Connect and interact with other users-Comment on the user’s own, and other user’s media-Connect with loves ones in care whose care providers use FindAdultDayCare-As FindAdultDayCare.com evolves and changes over time, we may add to or change these services.-It is the responsibility of Users to have sufficient web, app and device usage skills to make use of our Services.-Although we incur cost in providing you with the facility to store and access your account and media, we don’t charge you directly for storage. However, we reserve the right to archive your account if you have not accessed your account at least once in any 3-month period and delete your data if you have not accessed your Account at once in any given six month period. We will notify Users a month in advance by email if and when we are to enforce this policy.
FindAdultDayCare provides businesses with the facility to:-Create profiles for their service users-Store data relating to their service users-Record items of care carried out within their care services-Run Reports showing data inputted into the FindAdultDayCare platform-Connect family members on FindAdultDayCare.com with their relative’s profile-Store media regarding service users and business events-It is the responsibility of each business to have sufficient web, app and device usage skills to make use of our Services-Unless a previous paid or trial arrangement has been agreed in writing by the Company; by accessing a business account on FindAdultDayCare you accept and agree to be charged our monthly fee payable in advance starting from your business account creation date.
3. Your AccountWe ask you to provide some information about yourself when you register for FindAdultDayCare.com, or for your business when registering for FindAdultDayCare.Note that we are entitled to treat any interactions through a User's or Business Account, or by means of an email address, phone number or other communications method or identifier associated with that Account, as having been actioned by the User or Business - it is up to the User or Business to maintain the security of their Account.You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we may send you important messages that need to be actioned upon. Should you provide an invalid email address or an email address that belongs to someone else, the Company may terminate your Account at any time without notice.
4. Your ContentWe do not currently apply a fixed limit to the volume of Media or other User Content which may be uploaded provided you comply with our reasonable fair use requirementsThose fair use requirements would be breached by, for example:-The automated or scripted uploading of Media or other User Content-Uploading in excess of 1TB of data (in total)Should you breach our fair use requirements, we may suspend your Account, cease to provide you with Storage and/or delete your media and other User Content from our systemsIn the course of storing your media, we reserve the right to apply various techniques to make generally accepted improvements to the quality of media, such as by:Removal of “red-eye”;Facial recognition;Brightness enhancement; andDetail enhancement;- We also reserve the right to make changes to media which are intended to improve their storability, including:Compression;Size reduction and downscaling, such as creating “thumbnail” and low-resolution versions of media; andFormat conversion;We use reasonable commercial endeavours in our provision of Storage, but do not provide any guarantees as to the availability, speed of access to or reliability of the storage we provide;Media and other User Content may be deleted from your Account in various circumstances, as stated elsewhere in these Terms (including Clause 7);Our policies concerning the storage of media and User Content may change from time to time;We have rules about User Content, and these apply to the content of Media (see Clause 5 below) (“User Content and Content Rules”); if you breach our Content Rules, we may – amongst other things – terminate your Account. And if your Account is terminated, we may delete all Media and other User Content associated with that Account, so that they will no longer be accessible; and If we are notified of a claim or allegation that an Media breaches our Content Rules, we may prevent that Media being accessible through FindAdultDayCare.com
FindAdultDayCare.com may allow you to share some of your Media and other User Content with invited friends. By sharing this media, you confirm that you have the other person’s consent to that media being shared.
We are not responsible for the acts or omissions of anyone who has access to your Media or other User Content, whether as a result of FindAdultDayCare.com Sharing or otherwise.If you go through the process we specify for deleting media from your Account, we will remove them as soon as we reasonably can; however, full deletion may not occur immediately and some information may be archived/retained for our records and as otherwise required by law.You are advised to keep back-ups of all of your User Content, including backup copies of Media. We do not undertake or guarantee to keep your Media and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Media or any User Content. We have no liability to you or any User or Business if Media or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).If we actively decide that we are to cease hosting Media or other User Content, or to provide the FindAdultDayCare.com or FindAdultDayCare service, we will give you notice (of at least one month) to permit you to make alternative arrangements.5. User Content and Content RulesMedia and other material (including textual annotations to and comments on Media) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with FindAdultDayCare.com and FindAdultDayCare are treated as "User Content" for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload User Content, or otherwise deal with User Content through FindAdultDayCare.com or FindAdultDayCare, if you do not have the right to do so. Each User shall ensure that his/her User Content does not:infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in Media that you upload to FindAdultDayCare.com or FindAdultDayCare or that you are fully licensed by the copyright owner to upload the Media and to make any subsequent use of it on and through FindAdultDayCare.com or FindAdultDayCare;infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;contravene any applicable law (including, without limitation, any criminal law) or regulation;include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;misrepresent the User's identity in any way or impersonate any person;include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the approval of that person or that person’s legal guardian;contain material which is offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;harass any person;give the impression that it emanates from us, if this is not the case;advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; orinfringe our fair use requirements (see Clause 4 above) or otherwise interfere with the proper working of FindAdultDayCare.com.The above are our Content Rules for FindAdultDayCare.com and FindAdultDayCare. Although we prohibit the uploading of Media and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Sites and Apps. It is possible that Media or other User Content may be accessible through our Site and App which contravenes our Content Rules. We are not responsible for such Media or User Content, but if you become aware of any such Media or User Content on our Site or App please contact us at support@FindAdultDayCare.com.com.We may without notice delete any Media or other User Content which appears to breach our Content Rules, or prevent any use of FindAdultDayCare.com or FindAdultDayCare which includes any such Media or User Content.6. International use of FindAdultDayCare.com or FindAdultDayCareYou must ensure that you comply with the laws that apply to you and your use of FindAdultDayCare.com or FindAdultDayCare, including as to User Content, and the content that may be viewed through FindAdultDayCare.com or FindAdultDayCare. That use may be prohibited or restricted in various jurisdictions.7. Closure of AccountsYou may choose to cancel your Account at any time by emailing support@FindAdultDayCare.com.com You may be asked to provide further proof that you are the holder of the Account. Further, we are entitled, but not obliged, to lapse an Account if its User has not logged in to the Account for 6 months or more. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Media and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 8) shall not be terminated as a result.8. Intellectual PropertyBy uploading, posting, contributing, distributing, communicating or transmitting User Content (including Media), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through FindAdultDayCare.com or FindAdultDayCare and any other interactive services through which FindAdultDayCare.com or FindAdultDayCare(or a service based on FindAdultDayCare.com) is accessible, subject to and in accordance with under these Terms. The licence under this Clause 8 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to FindAdultDayCare.com or FindAdultDayCare (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us. You may use and access FindAdultDayCare.com and that User Content only to the extent required for the use of FindAdultDayCare.com in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from FindAdultDayCare.com or FindAdultDayCare, or any of the material which is found on FindAdultDayCare.com or FindAdultDayCare unless properly licensed to do so by the Company. You are not allowed to use FindAdultDayCare.com or FindAdultDayCare (or to copy or use any material found on FindAdultDayCare.com) for any commercial purpose unless you are signed up and paying as a business user. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material which appears on FindAdultDayCare.com or FindAdultDayCare. No-one may use any robot, spider, scraper or other automated means to access FindAdultDayCare.com or FindAdultDayCare for any purpose without our prior express written permission.9. PrivacyOur FindAdultDayCare.com.com/privacy governs all users of FindAdultDayCare.com and FindAdultDayCare. By using or accessing FindAdultDayCare.com or FindAdultDayCare, you give your consent to the content of that policy. If you do not wish your personal data to be handled in that way, then you must not use FindAdultDayCare.com or FindAdultDayCare. Users shall not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their express consent. No user or business shall use any information regarding other users or businesses that is accessible through the Services except as expressly permitted by these Terms.10. Our RoleWe do not have responsibility for the Media and other User Content Users encounter on FindAdultDayCare.com or FindAdultDayCare, nor for the acts, omissions and behaviour of other Users. You must not assume that Media and other User Content Users uploaded by other Users comply with our Content Rules by reason of it appearing on FindAdultDayCare.com or FindAdultDayCare. We do not have any liability for the deletion of, or any failure to store, Media or User Content. FindAdultDayCare.com may contain links to or advertisements for other sites, services or products ("Third Party Promotions"). Third Party Promotions may contain materials which you find offensive, objectionable, unlawful or inaccurate. The sites or other destinations to which Third Party Promotions lead are governed by their own terms of use and privacy policies which will differ from these Terms. The inclusion of links to Third Party Promotions does not indicate that we endorse them and we are not responsible for examining or evaluating the content of such sites or destinations or goods or services available through them.11. SuspensionWe reserve the right at any time and without notice, if you appear to us to be in breach of any provision of these Terms:to suspend your ability to access FindAdultDayCare.com or FindAdultDayCare, or your use of all of part of it;to remove from access via FindAdultDayCare.com or FindAdultDayCare any User Content associated with you or your Account;to warn Users and other users of FindAdultDayCare.com and FindAdultDayCare against interacting with you; and/orto take technical and legal steps to stop you from accessing or using FindAdultDayCare.com or FindAdultDayCare,Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.If a suspension under this Clause 11 continues for seven days or more, we shall be entitled immediately to terminate your participation in FindAdultDayCare.com by emailed notice to you.12. Contact from third parties.If anyone contacts us in relation to User Content associated with you, then you agree:to provide all reasonable information and assistance we may require in connection with responding to that contact; andto respond promptly and accurately to it, should we pass the message to you for a response.13. Additional services.We, our affiliates or third parties with which we contract may offer new, updated or additional services through FindAdultDayCare.com or FindAdultDayCare from time to time. Your use of those services will be governed by these Terms but may also be subject to additional terms of use, which you must comply with. Provided that those terms are notified to you on FindAdultDayCare.com or FindAdultDayCare in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of these Terms.14. Operation of FindAdultDayCare.com and FindAdultDayCareWe reserve the right to withdraw or modify all or part of the Services of FindAdultDayCare.com or FindAdultDayCare where we have legal or commercial reasons to do so. There may be times when the operation of FindAdultDayCare.com or FindAdultDayCare is adversely affected, or FindAdultDayCare.com and FindAdultDayCare becomes inaccessible, as a result of technical difficulties experienced by the Company, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to FindAdultDayCare.com or FindAdultDayCare or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of FindAdultDayCare.com or FindAdultDayCare. For security or other reasons, we may require you to change your password or other information which facilitates access to FindAdultDayCare.com or FindAdultDayCare; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.15. LiabilityWe use reasonable care and skill to provide FindAdultDayCare.com and FindAdultDayCare in accordance with our specifications, but we cannot and do not guarantee that FindAdultDayCare.com or FindAdultDayCare will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made available through FindAdultDayCare.com or FindAdultDayCare.We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; orfor any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising.Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, FindAdultDayCare.com and FindAdultDayCare will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 15 shall survive the termination or expiry of these Terms.16. IndemnityYou agree to indemnify FindAdultDayCare.com and FindAdultDayCare against all liabilities, claims and expenses that may arise out of or in connection with any:breach of these Terms by you or through your Account; orUser Content associated with you or your Account.17. Entire AgreementThese Terms are intended to contain your entire agreement with us relating to your use of and access to FindAdultDayCare.com; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to FindAdultDayCare.com.Where no agreement is in place between the Company and a business using FindAdultDayCare, these terms will apply.  18. Changes to these TermsWe reserve the right to change these Terms from time to time, and post the new version on FindAdultDayCare.com and FindAdultDayCare. The new version of these Terms will take effect:commencing 24 hours after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; orimmediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, FindAdultDayCare.com or FindAdultDayCare, and (ii) the refinement of provisions that are already included or referred to in these Terms.In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and the FindAdultDayCare.com Platform. For the avoidance of doubt, we will not have any liability to you in that event.20. GeneralIf any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.21. FindAdultDayCare SubscriptionsIf you access or use FindAdultDayCare and do not pay or are late to pay our fees we have the right to withhold access to your account and data until all balances due have been paid. 22. LawThese Terms and the Services shall be governed by Scots law. You and we each submit to the exclusive jurisdiction of the Scottish courts in relation to disputes arising in connection with these Terms or the Services.23. Keeping these TermsWe don't separately file the Terms entered into by Users when they register for FindAdultDayCare.com or FindAdultDayCare. You can make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.24. ContactLifelinked Limited is a company registered in Scotland (SC490896) under the trading name “FindAdultDayCare.com” and “FindAdultDayCare”, having its registered address at FindAdultDayCare, 101 Rose Street South Lane, Edinburgh, EH2 3JG. You may contact us at team@FindAdultDayCare.com.com  or by calling +44 141 816 0373.FindAdultDayCare.com, Inc. is US Subsidiary wholly owned by Lifelinked Limited. You may contact us at team@FindAdultDayCare.com.com or by calling +1 650 924 9930.Updated 21st May 2018