Terms of Use

These Terms of Use ("Terms") govern your access to and use of all aspects of the Daystream® social journaling platform, including the daystream.com website, the Daystream mobile application, and the Daystream API (collectively referred to as "Daystream Services"), and all text, graphics, files, images, photos and other information and/or materials uploaded to, downloaded from or appearing anywhere on the Daystream Services (collectively referred to as "The Content"). Your access to and use of the Daystream Services are conditioned on your acceptance of and compliance with these Terms.

The daystream.com website ("The Website") is owned, developed, and operated by Virtual40 LLC ("Virtual40"). These Terms of Use ("Terms") govern your access to and use of all aspects of the The Website and The Content. Your access to and use of The Website and The Content are conditioned on your acceptance of and compliance with these Terms.

License

Virtual40 grants you a personal, worldwide, non-assignable and non-exclusive license to access The Website and The Content as presented on The Website. This license does not convey any other rights or interests to you.

Acceptance of Terms

You agree to be bound by the Terms each time you access any aspect of The Website and/or The Content. These terms may change from time to time and you agree to be bound by the current version of the Terms each time you access any aspect of The Website and/or The Content. You represent and warrant to Virtual40 that you are legally capable of accepting the Terms and forming a binding contract, and that you are not barred from receiving internet-related or other services under the laws of the United States or other applicable jurisdiction for any reason. If you are accepting the Terms and accessing The Website and/or The Content on behalf of another individual or a legal entity, such as a company or other organization, you represent and warrant to Virtual40 that you are authorized to accept the Terms and enter a binding contract with Virtual40.

Compliance with applicable laws

Your accessing of The Website and/or The Content must be in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Virtual40 reserves the right to modify, block and/or restrict your access to The Website and/or The Content if any use is determined to be in violation of such laws, rules and/or regulations.

Waiver and Severability

The failure of Virtual40 to enforce any right or provision of the Terms will not be deemed a waiver of such right or provision. In the event that any provision of the Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Terms will be brought solely in the federal or state courts located in Lucas or Wood county of the State of Ohio, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms are the entire and exclusive agreement between Virtual40 and you regarding your accessing of The Website and The Content. These Terms supersede and replace any prior agreements between Virtual40 and you regarding The Website and The Content.

Privacy Policy

Virtual40 respects the privacy of visitors to The Website. Operation of The Website does include the collection of various types of information. Virtual40 will not knowingly share this information with a third party without first obtaining consent.

Log Files

Operation of The Website produces various log files that can include various types of information, including the following visitor-related information:
  • Internet Protocol addresses (IP)
  • Types of browser
  • Internet Service Provider (ISP)
  • Date and time stamp
  • Referring and exit pages
  • Number of clicks

Cookies and Web Beacons

Third-party advertisers and analytics tools used on The Website may also place and read cookies on your browser and/or use web beacons to collect information.

Virtual40 has no access or control over these cookies. You should review the respective privacy policies the relevant third parties for more information regarding their practices. The relevant third parties may include Amazon, Google Adsense and Google Analytics.

Copyright

The Copyright Policy for The Website and The Content is maintained as a separate policy document, but is incorporated in its entirety into the Terms.