Terms of Agreement/Service

OVERVIEW

Dawn’s New Day is an interdependent and interrelated platform where the sum of its parts make up a whole to ensure correct convenience of subject matter. Our primary interests are to provide factual information about the author, his lifestyle, travels, and photographic endeavours; all through non-commercial means.

1. Purpose
Our primary interests are to provide factual information about the author, his lifestyle, travels, and photographic endeavours; all through non-commercial means.

2. Scope
The scope of operations includes internal procedures, functions and processes to plan, devise, construct, and organize implementation procedures together with follow-on functions. It frames, develops, guides and supports overall activities and places for view activities appropriate for all ages.

3. Framework
Planning, policy and implementation procedures are grounded in principles and values that inspire human nature; namely, leadership backed by moral courage, integrity, spiritual values, vision and perspective, forbearance, and ethical standards of conduct. These principles mandate inclusivity, shun greed and corruption, and all forms of nefarious activity.

4. Commitment
Based on the above criteria, Dawn’s New Day is poised and well suited to engage in collaborative intercourse with social media platforms and all interested parties.

TERMS OF SERVICE/AGREEMENT

ATTENTION: THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH DAWN’S NEW DAY, AND USE OF IT’S SERVICES, AS DEFINED BELOW AND PROVIDED TO YOU BY DAWN’S NEW DAY. YOU ARE HEREBY ASKED TO ACCEPT THESE TERMS OF SERVICE AND MAY USE THE SERVICES AVAILABLE ON THIS WEBSITE ONLY ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THEREFORE, USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. PLEASE NOTE THAT IF YOU DO NOT ACCEPT THESE TERMS, IT’S ADVISED THAT YOU DO NOT USE THIS WEBSITE.

BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING PRALLAGON, LLC’S PRIVACY POLICY

Acceptance of Terms of Agreement
These Terms of Service (the “Agreement” or “Terms of Service”) are a legal agreement between you, either an individual or an entity (“you” or “user”) and Dawn’s New Day, regarding the Services, as defined below. Dawn’s New Day makes this website (https://www.dawnsnewday.org) domains included within this website (the “Website” ), including all information, graphics, documents, text, products and all other elements of the Website and all products and services operated through the Website, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Website you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website.

If you do NOT agree to all these Terms of Service, you should NOT use this Website. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should NOT use such Content or conclude such transactions. Also, when you use any current or future Dawn’s New Day services or visit Dawn’s New Day or its affiliates’ websites or obtain any products or services, whether free of charge or for payment of any business affiliated with Dawn’s New Day, whether or not included in the Website, you will be subject to the guidelines and conditions applicable to such services or business.

These Terms of Service may be amended by Dawn’s New Day at any time upon notice given by any of the following means: through the Website at or after you login to your User Account (as defined below), by email communication to the address provided by you when you set up your User Account. Failure to provide or maintain accurate or current contact information by you will not obviate your responsibility to comply with these Terms of Service as amended from time to time. Please check these Terms of Service published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. Also, specific terms and conditions may apply to non-user generated specific content, products, materials, services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
Dawn’s New Day reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Dawn’s New Day reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.

Users’ Obligations
You agree to use the Website [Dawn’s New Day], and any Services provided only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. DAWN’S NEW DAY IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, [DAWN’S NEW DAY], AND ANY SERVICES PROVIDED DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Dawn’s New Day is located or operates. This includes complying with applicable information export and import restrictions as well as other restrictions.

Description of Services
No services are provided by Dawn’s New Day.

You agree not to access or attempt to access any information by way of unwarranted automated means and that you will not engage in any activity that interferes with or disrupts the servers and networks which are connected to Dawn’s New Day.

Further, you agree:
not to disrupt or interfere with any other user’s enjoyment of the Website, the Services, or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Website or the Services any viruses or other harmful, disruptive, or destructive files;
not to use or attempt to use another user’s User Account, password, or system;
not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
not to disrupt or interfere with the security of, or otherwise cause harm to, the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through this Website or any affiliated or linked sites.

User Content
Dawn’s New Day does not own any ‘User Content’ and will not monitor, edit, or disclose any information regarding you, the user, without your prior permission except in accordance with these Terms of Service or Privacy Policy (https://www.dawnsnewday/privacy). Dawn’s New Day does not review, inspect, edit or monitor any User Content stored by you or any other user, including, without limitation, for viruses, worms, “Trojan horses” or any other similar contaminating or destructive features. Daw’s New Day reserves the right, solely upon its own discretion, to refuse, remove or disable access to such content stored on its website and servers that may be illegal or may violate the terms of these Terms of Service.

You are solely responsible for protecting the information on your computer or your other devices for example, by installing anti-virus software, updating your applications, password protecting your files, and preventing third party access to your computer. You understand that users of Dawn’s new Day may store User Content that is unusable due to corruption from viruses, software malfunctions or other causes, and that Dawn’s New Day is not responsible for any damage that any user may incur through the sharing and use of such Content.

Links to Other Sites and Third Party Materials
This Website may provide links to other websites and/or third party products and Services that are not under the control of Dawn’s New Day (together, “Third Party Materials”), and shall not be responsible in any way for the content of such Third Party Materials. Such links are provided only for the convenience of the users of this Website, and the inclusion of any link to any Third Party Materials does not imply endorsement by Dawn’s New Day of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.

Language of the Terms of Service
Where Dawn’s New Day has provided you with a English language Terms of Service, and if translated into another language by you or your representative, you agree that the translation is provided for your convenience only and that the English language versions of these Terms of Service will govern your relationship with Dawn’s New Day If there is any contradiction between the English language version of these Terms of Service and the translation provided by you and/or your representative(s), the English language version shall control.

Intellectual Property
Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and/or Services rest with Dawn’s New Day and/or its licensors. Unless otherwise specifically provided herein or authorized by Dawn’s New Day in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, its products or Services.

Dawn’s New Day hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. Dawn’s New Day disclaims any proprietary interests in the intellectual property rights other than their own.

Warranties and Disclaimers
All content and/or services are provided “as is” and “as available.” Dawn’s New Day hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this website, services or the content. Dawn’s New Day does not warrant or make any representations as to the security of this website, content or services. You acknowledge that any information sent may be intercepted in transmission or otherwise. Dawn’s New Day does not warrant that the website, content or the servers which make this website available or electronic communications sent by Dawn’s New Day are free from viruses or any other harmful elements. Except as agreed by Dawn’s New Day in writing, contractors, agents, dealers or distributors of Dawn’s New Day or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

Notice and Procedure for Making Claims of Copyright Infringement
It is the policy of Dawn’s New Day to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying Dawn’s New Day and its affiliates that your copyrighted material has been infringed.)
An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this Website;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:

E-mail: consult@prallagon.com

Unlawful or Prohibited Use
You may not use this Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website or Services in any manner that could damage, disable, overburden, or impair this Website or Services, or that interferes with any third party’s use and enjoyment of this Website or Services. You agree that you will not use any third-party software that intercepts, “mines”, or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Dawn’s New Day to all users of this Website or Services. You shall not institute, assist, or become involved in an attack upon any Prallagon, LLC server provider or otherwise attempt to disrupt the Dawn’s New Day server provider. Any attempt by you to damage Dawn’s New Day server provider or undermine the legitimate operation of Dawn’s New Day is a violation of criminal and civil laws and, should such an attempt be made or assistance for such an attack be provided, Dawn’s New Day reserves the right to seek damages from any such user to the fullest extent permitted by law.

Indemnification
You hereby agree to indemnify and hold harmless Dawn’s New Day, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.

Privacy
Dawn’s New Day respects your privacy and the use and protection of your personal information. Please see our Privacy Policy (https://www.prallagon.com/privacy)for important information and disclosures relating to the collection and use of your personal information in connection with your use of this Website.

Linking to this Website
Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Dawn’s New Day endorses or sponsors the linker or its website, products or services. You must not use Dawn’s New Day’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Dawn’s New Day. Furthermore, you agree to remove the link at any time upon Dawn’s New Day’s request.

Assignment
Dawn’s New Day may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without Dawn’s New Day’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Service Access
If this Website is not available for any period or any time, Dawn’s New Day shall not be liable. Dawn’s New Day gives no warranties as to the accessibility, performance, or availability of the Website or Services.

Injunctive Relief
You acknowledge and agree that any violation or breach of these Terms of Service may cause Prallagon, LLC immediate and irreparable harm and damages. As a result, Prallagon, LLC has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Prallagon, LLC in law or in equity, Prallagon, LLC may seek specific performance of any term in these Terms of Service.

Enforcement
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

Copyright © 2018, Dawn’s New Day. All Rights Reserved. This Website and accompanying documentation are the copyrighted property of Dawn’s New Day and/or its licensors and protected by copyright laws and international intellectual property treaties. Dawn’s New Day and related logo, and all related products and service names, design marks and slogans are the trademarks and/or registered trademarks of Dawn’s New Day. All other products and service marks contained herein are the trademarks of their respective owners. Any use of the Dawn’s New Day or third party trademarks or logos without the prior written consent of Dawn’s New Day or the applicable trademark owner is strictly prohibited.