Terms of Use, Privacy Policy, and Community Guidelines

Email address of site owner: contact@daysatdunrovin.com

Mailing address and phone number of Site Owner: Days at Dunrovin • PO Box 822 • Lolo, Montana 59847 • 1-406-273-7745

Content

Terms of Use

Privacy Policy

Community Guidelines

 

Terms of Use

The following Terms of Use (the “Terms”) is a binding agreement between you and Days at Dunrovin, LLC (“Days”) regarding your use of the Days’ Website (located at www.daysatdunrovin.com) and other web sites, services and networks owned or controlled by Days, Dunrovin Ranch, School Days At Dunrovin, and Dunrovin Store that allow for the reception of video, audio, and other content (collectively, “Days’ Website”).

By accessing the Days’ Website and/or by clicking “I agree”, you signify your agreement to (1) these terms and conditions (the “Terms of Use”); (2) Days’ Privacy Policy, found at www.daysatdunrovin.com/terms-of-use and incorporated herein by reference; and (3) Days’ Community Guidelines, found at www.daysatdunrovin.com/terms-of-use and incorporated herein by reference. In the case of any inconsistency between these Terms of Use and any other document that has been incorporated by reference herein, these Terms of Use shall control. If you do not agree to any of these terms and policies, please do not use Days’ Website.

You hereby represent and warrant to Days that you are at least eighteen (18) years of age or and otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms and Conditions. If you use the Days’ Website on behalf of a business, you hereby represent to Days that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these Terms of Use.

Days reserves the right, at Days’ discretion, to change, modify, add, or remove portions of these Terms of Use at any time by posting the amended Terms of Use on Days’ Website at www.daysatdunrovin.com/terms-of-use. Please check these Terms, Privacy Policy, and Community Guidelines periodically for changes. Any access to Days’ Website after the posting of changes constitutes your acceptance of such changes. Except as stated elsewhere, such amended Terms of Use, policies, guidelines, or fees will automatically be effective thirty (30) days after they are initially posted on the Days’ Website

1. Days’ Content

“Days Content” as used herein means content produced by Days and posted on the Days’ Website. Days’ Content includes without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Days’ Website. Days’ Content is the intellectual property of Days, its licensors and its suppliers. Days’ Content is protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights. All ownership rights to Days’ Content remain with Days, its licensors or its suppliers. All trademarks, service marks, and trade names are proprietary to Days or its affiliates and/or third party licensors. Days reserves all rights not expressly granted in and to the Days’ Website and the Days’ Content.

Except as expressly authorized by Days, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Days’ Content. If, with authorization, you download or print a copy of the Days’ Content for personal use, you must retain all copyright, trademark, or other proprietary notices.

2. Third Party Produced Content

“Third Party Produced Content” as used herein means content produced by third parties, not associated with Days, that can be accessed through the Days’ Website. You understand that the Days’ Website allows users to use Days’ Website to access Third Party Produced Content, including links to advertisements, websites or services operated by other people or companies. You further understand that such Third Party Produced Content may have separate terms or use and privacy policy or no terms of use or privacy policy at all.

Days does not endorse any Third Party Produced Content or any opinion, recommendation, or advice expressed therein. Days expressly disclaims any and all liability in connection with the Third Party Produced Content.

You understand that when using the Days’ Website, you will have access to Third Party Produced Content from a variety of sources, and that Days is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Produced Content or other content. Although Days makes every effort to keep the Days’ Website a respectful community appropriate for all ages, you understand and acknowledge that you may be exposed to Third Party Produced Content that is inaccurate, offensive, indecent, or objectionable. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Days’ Website are solely between you and such advertiser. Access and use of third party services, including the information, materials, products, and services on or available through third parties, is at your own risk. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Days with respect to any Third Party Produced Content.

3. Registration, Accounts and Passwords

If you become a registered member and create an account to access Days’ Website, you agree to be responsible and/or liable for: maintaining the confidentiality of passwords or other account identifiers which you choose; and all activities that occur under such password or account identifiers.

Without limiting anything in this Agreement, Days will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

4. Prohibited Activities

You hereby represent and warrant that you will not use the Days’ Website for any of the following prohibited activities:

  1. Copy, reproduce, distribute, transmit, broadcast, display, sell, license, modify, adapt, translate or republish any Days’ Content without the prior written consent of Days;
  2. Upload or link to, or otherwise publish any Third Party Produced Content that violates any law, regulation, treaty, or third party right (including, without limitation, trade secret, intellectual property, privacy or publicity rights);
  3. Upload, link to or otherwise publish any falsehoods or misrepresentations that could damage Days or any third party;
  4. Upload or link to, or otherwise publish any content, regardless of the producing party, that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive, disrespectful to sexual orientation, or encourages conduct that would be considered a criminal offense, cause of civil liability, or violate any law;
  5. Impersonate another person or entity, falsely claim an affiliation with any person or entity;
  6. Circumvent or interfere with security-related features of the Days’ Website that prevent the copying or unauthorized use of content available or accessible on and/or through the Days’ Website;
  7. Make unsolicited offers, advertisements, proposals, or send unsolicited content (including junk mail or spam) to other members of the Days’ community;
  8. Use the Days’ Website for any illegal purpose, or in violation of any local, state, national or international laws;
  9. Defame, harass, abuse, threaten, defraud, or attempt to collect personal information from the users of the Days’ Website; and
  10. Intentionally interfere with or damage the operation of Days’ Website or the users’ access and use of the Days’ Website, including uploading or disseminating any malicious code, including viruses, worms, adware, spyware.

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

5. Termination

Days reserves the right to alter, remove or discontinue any portion of content on or accessible through the Days’ Website, or to suspend or terminate your use in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such actions.

You agree that Days, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with Days; may suspend or terminate your access to the Days’ Website; and may remove and discard all or any part of your account and user profile at any time.

You agree that any termination or suspension of your access to the Days’ Website or any account you may have or portion thereof may be effected without prior notice, and you agree that Days will not be liable to you or any third party for any such termination.

Should Days terminate this Agreement for convenience prior to the completion of any particular subscription period, your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service.

With respect to any dissatisfaction with Days, its website or service, any content accessible on or through the Days’ Website, or any policy, practice or action taken by Days in operating the Days’ Website is to terminate this Terms of Use and Your account.

You may terminate this Terms of Use at any time by discontinuing use of any and all parts of the Days’ Website and providing Days written notice at the postal or email address below:

Days At Dunrovin
P O Box 822
5001 Expedition Drive
Lolo, MT  59847
contact@daysatdunrovin.com

If terminating by email, specify TERMINATION in the subject line.

Should you terminate this Agreement, no fees paid by are refundable upon termination.

6. Disclaimers

Content on the Days’ Website, including without limitation, Days’ Content, Third Party Produced Content and advertisements, are provided on an “as is basis” with no warranty. No advice or information obtained from Days or through the Days’ Website will create any warranty.

You agree that your use of Days’ Website shall be at your own risk to the fullest extent permitted by law. You further understand and agree that you use, access, download, obtain or rely on information on or accessible through the Days’ Website at your own discretion and at your own risk. You further understand and agree that you will be solely responsible for any damage caused to you or your property, including your computer system, that results from your use of the Days’ Website or information accessed through the Days’ Website.

To the fullest extent permitted by law, Days, its officers, directors, employees, affiliates, agents, licensors, and suppliers, disclaim, any and all representations and warranties, express or implied without limitation, in connection with your use of the Days’ Website. Days makes no warranties or representations about the accuracy or completeness of the Days’ Content or Third Party Content, including but not limited to any warranties of merchantability or fitness for a particular purpose; warranties against infringement of any third party intellectual property rights; warranties related to transmission of, or delays, interruptions, errors or omissions relating to the Days’ Website; warranties relating to the accuracy or correctness of information on or accessible through the Days’ Website; and any other warranties relating to the performance, nonperformance, or other acts or omissions of Days, its officers, directors, employees, affiliates, agents, licensors, and suppliers. Days does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Days’ Website, linked to the Days’ Website, or featured in any banner or other advertising.

In jurisdictions that do not allow the exclusion or limitation of certain damages or warranties to the degree set out above, any liability of Days, its officers, directors, employees, affiliates, agents, licensors, and suppliers is limited to the greatest extent permitted by law in such jurisdictions.

7. Limitation of Liability

In no event will Days, its officers, directors, employees, affiliates, agents, licensors, and suppliers or any party or person involved in creating, producing or delivering content on or accessible through Days’ Website be liable in any manner whatsoever for any damages or any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out of or related to any of the following:

  1. Days’ Website, your access, use or inability to use the Days’ Website, including errors, mistakes, or inaccuracies of content;
  2. Any failure or performance, error omission interruption, defect, delay in operation or transmission, computer virus or system failure;
  3. Any personal injury or property damage of any nature whatsoever resulting from your access to content on or accessible through the Days’ Website.
  4. Any unauthorized access to or use of Days’ Website, servers, and/or any and all personal identifiable information stored therein; and
  5. Any malicious code which may be transmitted to or through the Days’ Website.

You agree to waive, and hereby do waive, any legal or equitable rights or remedies that you have or may have against Days with respect thereto and agree to hold Days, its owner/operators, employees, affiliates, suppliers, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to the use of Days’ Website.

You agree that in no event will total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your access to the Days’ Website (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, to Days during the twelve (12) months immediately proceeding the date of the claim or one hundred dollars, whichever is greater.

These limitations of liability also apply with respect to damages incurred by you by reason of any product, services or content sold or provided by any third parties, including Third Party produced Content and third party advertisements, or any product, services or content received through or accessible on the Days’ Website.

In jurisdictions that do not allow the exclusion or limitation of certain damages or warranted to the degree set out above, any liability of Days, its officers, directors, employees, affiliates, agents, licensors, and suppliers is limited to the greatest extent permitted by law in such jurisdictions.

8. Indemnification

You agree to indemnify, defend and hold harmless Days, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:

  1. any claim due to or arising out of your violation of these Terms of Use, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
  2. your use or misuse of or access to the Days’ Website;
  3. your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that you caused damage to a third party.

Days reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Days, and you agree to cooperate with Days’ defense of these claims.

9. Release for disputes between users

You understand that Days does not control the actions of its users. If you have a dispute with one or more users, you release Days (and Days’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

10. Copyright Infringement

10.1 Notice of Copyright Infringement.

If you are a copyright owner or an agent thereof (the “Copyright Owner”) and believe that any content on Days’ Website infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”). This notification of claimed infringement must be a written communication provided to the designated agent of Days that includes the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Days to locate the material.
  4. Information reasonably sufficient to permit Days to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted.
  5. A statement that the Copyright Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.

Any notification of claimed infringement that does not comply with the DMCA’s requirements, is invalid.

Days’ registered designated copyright agent to receive notifications of claimed infringement is:

SuzAnne Miller
COPYRIGHT AGENT
5001 Expedition Drive, Lolo MT 59847

Only DMCA notices should go to the designated copyright agent. Any other comments, requests, or other communications should be directed to Day’ customer service agent:

Customer Service Department
5001 Expedition Drive, Lolo MT 59847

10.2 Counter Notification.

If you receive notice from Days that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide Days with a counter notification. To be valid, a counter notification must be a written communication provided to Days’ designated agent as mentioned in section 6.2 that includes substantially the following:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the Federal District Court for the Southern District of New York, and that you will accept service of process from the Copyright Owner who provided notification as mentioned in section 6.1 or an agent of such person.

Days accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

11. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Days without restriction.

12. Waiver and Severability

The failure to require performance of any provision shall not affect Days’ right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.

13.  Notice

Days may provide you with notices, including those regarding changes to Days’ terms and conditions, by email, regular mail or postings on Days’ Website. Notice will be deemed given twenty-four hours after email is sent, unless Days is notified that the email address is invalid. Alternatively, Days may give you legal notice by mail to a postal address, if provided by you through the Days’ Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Days’ Website is deemed given 30 days following the initial posting.

14. Choice of Law, Forum, Statute of Limitations

These Terms of Use shall be governed and construed in accordance with the laws of the State of Montana, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms of Use or your access or use of the Days’ Website will be subject to the exclusive jurisdiction of the state and federal courts located within Missoula County in the State of Montana, and you hereby submit to the personal jurisdiction of such courts.

You and Days agree that any cause of action arising out of or related to Days’ Website or its activities must commence with one (1) year after the cause of action accrues, otherwise such action is permanently barred.

15. Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

16. Entire Agreement

This is the entire agreement between you and Days relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms of Use or Policies made by Days as set forth above.

17. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

18. No Third Party Beneficiaries

The parties specifically disavow any desire or intention to create a “third party” beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

Privacy Policy

Welcome to Days at Dunrovin’s website. We at Days (and our affiliated entities Dunrovin Ranch, LLC; School Days At Dunrovin; The Dunrovin Store, LLC; and Friends of Dunrovin, a 501(c)(3) organization) believe in your right to know what information is collected during your visit to our web sites, mobile sites, mobile applications, and other applications (collectively, “Days’ Website”), and we use and safeguard that information.

Information Automatically Gathered About All Visitors

We may collect aggregate and user-specific information on which pages users access or visit. This information helps us assess user interest in the content we provide. We use the information we collect to improve our content. For example, we may increase content and improve portions of the Days’ Website based on the content that users are visiting, pages that users are staying on, etc.

When you access the Days’ website, our servers may collect limited information (for example, your computerís IP address) about your computer’s connection to the Internet. Your IP address does not contain personally identifiable information (for example, your name or your email), nor does it identify you personally. We use this information to improve our content and to measure traffic.

When you access the Days’ Website, we may employ a standard feature of browser software called a “cookie.” A cookie is a piece of computer code that is deposited on your hard drive by our site. Depending on your browser settings, your browser may give you the option to refuse or allow the cookie. You may also automatically or manually delete cookies. A cookie identifies the computer or device that you are using to access our website, but does not identify you personally, nor can it read data off your hard drive. Cookies help us improve our content and deliver more personalized information and service. For example, cookies help us identify users during and speed up the log in process.

When you access the Days’ website, we may use a “session cookie” to track your interests while you are online. To limit unauthorized access, sessions cookies expire whenever you exit a browser session. Once you register as a member of Days, a persistent cookie that remains on our computer after an initial session will be used to identify you as a registered user when you access the Days’ Website.

Advertisers, content partners and other third parties that are reached from links on the Days’ Website may assign their additional cookies. We do not control third party cookies.

Like many other commercial sites, we may use a web beacon to count the number of users who have visited a page or to recognize users by accessing certain cookies. Information collected using web beacons can help report anonymous individual and/or aggregate information about our users. Aggregate information may include demographic and usage information. No personally identifiable information about you is shared with partners.

Information Collected for Third Party Advertising

For non-registered users, we may use third party advertising when you access the Days’ Website. These companies may use general information about your visits to the Days’ Website and to other web sites in order to provide advertisements about goods and services of interest to you. This information generally does not include personally identifiable information, such as your name, address, e-mail address or telephone number. These advertising entities may employ cookies and other software code to measure advertising effectiveness. Any information that these third parties is generally not personally identifiable and is subject to their own privacy policies, which we encourage you to read.

Information Submitted Voluntarily

To access certain content or features of the Days’ Website, users must register and provide certain personal information in order to do so. The information you supply ensures that you are an actual person, and not a ‘bot’ or spider seeking access to the Days’ Website. Personal information voluntarily submitted to Days as part of our registration process will be maintained by Days and will not be sold, shared, or otherwise disseminated to third parties, including advertisers. Use of such registration information will be used to help us understand our community and improve our content. The more we understand about our members, the more we can tailor our content to you.

Children under the Age of 13

If you are under the age of 13, do not send us any information about yourself such as your name, address or e-mail address. You may only send us personally identifiable information if your parents have verified to us their consent to the collection of the information.

Days makes every effort to keep the Days’ Website a respectful community appropriate for all ages. We further understand that much of our content can have an educational component. As a result, we understand that some of the Days’ Content may be attractive to children. Because we strive to protect the privacy of all users of our Services, including children, we endeavor to comply with the Children’s Online Privacy Protection Act. Our site includes contact information; a privacy policy that sets out the information we collect and how we use it (including our practices regarding sharing personal information with third parties); allows parents to consent to the collection and use of their children’s personal information, without consenting to disclosure to third parties; does not place require more personal information than is reasonably necessary as a condition of participation, and allows parents to review their child’s information, have it deleted, or refuse to permit any further collection, by contacting us.

Through our Terms of Use policy, by requiring registration and membership, and through the personal operation of the Days’ Website, we seek to prevent persons under the age of 18 from accessing the Days’ Website without consultation and approval of their parents or guardians. We also believe that parents and guardians should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing their name, address, and other personal information online without parental permission. For additional information about parental control tools, please consult http://www.icra.org/_en/parents.

E-mails from Us

Upon registering with Days, you may receive communications from us, including communications regarding the status of your account, confirmations, notices of expiration and renewal, and invitations to participate in contests, surveys and special events. If you sign up for any of our electronic newsletters, you may stop receiving them by following the “unsubscribe” instructions at the bottom on every newsletter. We may send you an e-mail inviting you to participate in subscriber or website user surveys. Such surveys greatly help us improve our website and the value of our services. Any information you give us in those surveys will not be shared with any third parties except in aggregate form.

What We Do With the Information We Gather About You

We or one of our affiliated companies may perform statistical, marketing and demographic analyses of our users and their usage patterns. In addition, we may generally inform our advertisers about our subscriber base using aggregated statistics on traffic on the Days’ Website. We will not share individual user information with third parties unless the user has specifically approved the release of that information.

We may also contract with third parties to provide services on our behalf, including credit-card and bill processing, shipping, e-mail distribution, list processing, analytics, and promotions management. We provide such third parties agent with only the information necessary to perform specific services. These service providers are restricted from using this information in any way other than to provide services to us. They may not share this information with anyone else nor may they resell this data.

Compliance with Legal Process

We may disclose personal information if we or one of our affiliated companies is required by law to disclose personal information, or if we believe in good faith that such action is necessary to comply with a law or some legal process, to protect or defend our rights and property, to protect against misuse or unauthorized use of our Services or to protect the personal safety or property of our users or the public.

Amendments

We make every effort to comply with the best practices regarding internet privacy. If we amend our Privacy Policy, we will post the changes 30 days (if possible) before they take effect. If changes will substantially change the way we use your personal information, we will provide more significant notice of such changes, for example, through email notification or requiring explicit acceptance of such changes.

Community Guidelines

Days at Dunrovin is a community-guided site

Our goal for Days At Dunrovin is to recreate on the internet what has evolved here at Dunrovin Ranch. That is, a safe, secure community of friends who enjoy nature, animals, science and learning and who treat each other with respect and kindness.

Community Values

  • Create an environment of respect and support, where all gather to celebrate the magnificence of animals and nature
  • Challenge ourselves to reach beyond our limits
  • A community is a shared responsibility of all who come to ride, work, play or stay and watch
  • Be a place where ALL feel at home, and are celebrated as an individual with their own composition of gender, religion, race, politics, sexual orientation, ethnicity and physical and mental capabilities

Rules

Please remember and abide by these community rules:

    • Conversation and Posting Rules:
      • No references to sex, party politics, religion, drugs, or illegal activities
      • No bullying, name calling, foul or offensive language
      • No proselytizing, circulating petitions, or soliciting
      • Stay on topic, when appropriate
      • Be nice! Be respectful! Be generous and forgiving! Try not to take offense!
    • Engaging Dunrovin Ranch Staff:
      • Respect the staff’s privacy away from Dunrovin
      • Confine contact with Dunrovin Staff to DaysatDunrovin.com