Terms of Service
Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the DayStable Platform, you agree to comply with and be bound by these Terms.
The users posting stable ads have to understand how laws work in their respective countries and how to obey them. All users posting stable ads of equestrian properties such as stables have to act as professionals, meaning that they are insured and that the facilities are safe and secure.
Last updated: 8th January 2021
The present Terms of Service set out the contractual relationship between the private company DayStable, and users of the DayStable Platform, (hereinafter referred to as “DayStable”). DayStable Limited registered at the Swedish Bolagsverket under the registration number 559235 - 9391 with the post office located at:c/o ekonominord Redovisning ABBox 4185904 05 UMEÅ
These Terms constitute a legally binding agreement ("Agreement") between you and DayStable (as defined above) governing your access to and use of the DayStable mobile and tablet application and any website through which DayStable makes its services available and all associated services (collectively, "DayStable Platform"). The Application, Website and DayStable Services together are hereinafter collectively referred to as the “DayStable Platform”. The proposed services are edited by the company DayStable Limited as described above.The hosting of our website is provided by Google.
Article 1 - Definitions
The following definitions will apply to the following Terms of Service, whose first letter is in capital letters, in singular or plural, as well as any other contractual document between the Parties:“Ad”: ad published by a Host of the Platform, in order to offer a Property for rental,
“Book” or “Booking”: booking of a Property for short, medium or long term stay by a Guest, on the DayStable Platform,
“Parties”: DayStable and/or the User of the DayStable Platform,
“Property”: property for housing of physical persons or horses, which is provided by the Host to the Guest, on the DayStable Platform,
“Hosts”: the User who provides his Property for rental on the Platform, that include all insured Property provided.
“Services”: the technical platform (Application, Website or any other Service provided by DayStable), property of DayStable, which allows Hosts to provide Properties for rental to Guests,
“Guest”: the User who Books a Property on the Application,
“User”: the Application user, individual or professional, who uses the Application as a Host or Guest, or visitor and has accepted the Terms of Service.
“User Account”: User account on the Application, which can be accessed by using a login and password, and contains all the User’s personal information as well as the User’s archives on the Application,
“DayStable Platform”: the application DayStable as well as the website www.daystable.com as well as all its pages, property of DayStable, and any other way to display the Services of DayStable.
The user who visits the DayStable application and wishes to use the Services, as a Stable Host or Guest, is invited to read these Terms of Service with attention, to print them and/or backup them on a durable medium.
Article 2 – Scope of the Terms of Service and object of the Application
2.1. Modification of the Terms of Service
DayStable reserves the right to modify the Terms of Service, by publishing a new version of these Terms of Service on the application, without any notification to the User. If the User does not accept the modified Terms, the User can use its right to refuse by deleting its User Account.
2.2. Object of the Application
The Application provides an online platform, which allows Hosts to offer their Properties for rental to Guests. These Properties can be destined to host either horses or individuals. The Application can also provide lease of equestrian infrastructures to its Users.
2.3. Acceptance of the Terms
Registration to the Application, its use, Booking or renting a Property, implies that the User fully acknowledges and agrees, without reservation, with the entire Terms.
This acceptance can also be expressed by ticking the box “I have read and accepted the Terms of Service” or any similar sentence, while registering to the DayStable Application. This will have the same value as any written signature.
2.4. Legal capacity of the User
In order to accept the Terms of Service and subscribe to the Services on the Application (as a Host or Guest), as well as Book a Property, the User needs to have the legal capacity to do so. If the User is a minor or does not have the legal capacity to do so, the User declares that he has the authorization of a legal representative.
If the User represents a company or any other entity, the User declares and warrants that he has the rights to engage the company or legal entity to the Terms of Service. In that context, the term « User » will mean the corporation or the legal entity.
2.5. Legal compliance
The DayStable Application is compliant with Swedish Laws. As a consequence, DayStable cannot be held liable if the Application is not compliant with the laws applicable in the foreign country from which the User is visiting the Application.
Users must acquaint themselves with the applicable local and national laws relating to temporary accommodation of individuals and animals, and DayStable cannot be held responsible in case of non-compliance.
Article 3 – Relationship between the Parties
3.1. Agreement between Host and Guest
DayStable is not a party in any agreement between the Host and Guest, and is not a real estate broker, a real estate agent, a legal or tax counsel, or insurance agent. DayStable only work as a intermediate between the Users of the Application.
The Guest must inform the Host if the horse has any specific need (health, diet, etc). The Host must treat the animal with the appropriate standard of care, and will take all necessary measures to ensure its continued health.
3.2. Relationship between DayStable and the Host
Publishing an Ad on the Application does not mean that DayStable and the Host are parties to any employment relationship, partnership, agent relationship or any other relationship between the Parties. The Host and DayStable are both independent parties.
DayStable does not check the Ad, its characteristics, its compliance with the law or its conformity. DayStable also does not control the background or behavior of the Host. DayStable therefore cannot be held liable in that context.
DayStable does not own, sell, resell, supply, rent, manage and/or control property, including in particular hotel rooms, animal pensions, equestrian infrastructure or any other Property. Unless otherwise specified, DayStable’s liability is limited to providing an access to the Application and Platform to the Users.
DayStable accepts no liability for any event which happens in the direct relationship between Host and Guest, which includes, without being limited to: -Direct and indirect damages caused by the Host or its properties
-Identity of the Guests or any information relating to the Hosts,
-Incomplete information relating to the Guest’s animal.
3.3. Relationship between DayStable and the Guests
DayStable is not responsible for the horses entrusted by the Guest to the Host, and that is hosted in their Property. DayStable is not liable for any direct or indirect damages caused by the Guest while using the Properties of the Host.
DayStable accepts no liability for any event taking place in the direct relationship between Guest and Host, which includes, without being limited to:-Inadequate treatment of the animal by the Host,
-Health issues of the animal entrusted to the Host by the Guest,
-Any direct or indirect damage caused by the Host to the Guest, or vice versa,
-Any non-complaint information about the Property in the Ad published by the Host on the Application,
-Lack of availability of the Property at the requested date, even if the Host has indicated its availability in the Ad,
-Any difference between the Property and the Ad published by the Host on the Application,
-Any check-in difficulty.
Article 4 – Characteristics, Compliance and Availability of the Property
4.1. Characteristics & Compliance of the Property
Ads are written and published on the Application by the Hosts.Information, Characteristics and images included in the Ads are provided by the Hosts, who are exclusively liable in case of any difference between the Property as presented on the Ads, and the actual Property. DayStable cannot be held liable in case of any difference between the Property as presented on the Ads, and the actual Property. DayStable cannot be held liable if the Property is not compliant with the needs of the User.
4.2. Availability of the PropertyProperty availability is indicated on the DayStable Platform, on the Ad page, based on the information provided by the Host. DayStable cannot be held liable if the Property is not available at the requested date even if the Host indicated that it was available in the Ad. The Host must ensure that the Property is available at the date for which it is Booked.
Article 5 - User Booking
5.1. Booking MethodThe User can Book Properties through the Application.
Before contacting a host to book a Property in the Application for the first time, the User must create a User Account.
5.2. Booking process
The Booking process is the following:-The User creates his User Account and accepts the Terms, if it is his first Booking, or log in into the User Account if it already exists,
- The Users chooses the Property he wants to Book,
- The Guest reviews the internal rules of the Property, as well as any other information included in the Ad,
-The Guest and Host can communicate through the DayStable chat and arrange the payment.
-Through the chat the Guest & Host can exchange information and contact details
5.3. Refusal of BookingDayStable retains the right to refuse any Property Booking for any legitimate reason, which includes payment issues, provision of incomplete and/or imprecise information by the Users, abnormally high Booking fees or history of Bookings made in bad faith.
5.5. ArchivesDayStable will archive chats and information on a reliable and durable support. The Parties will consider computerized registries adequate proofs of communications.
Article 6 – Obligations of the Host
6.1. Rights on the Property.The Host confirms that he owns the Property, or has acquired all necessary usage rights to rent the Property on the Application (which includes, without limitation, any administrative authorization, or any authorization from the owner if the Host does not own the Property, and so on).
6.2. Authorization to rentThe Host confirms that he has all necessary authorization (legal, statutory or administrative) to rent Properties as well as accommodating animals.
DayStable cannot be held liable if the Host does not have all the necessary permits.
6.3. AdThe Host agrees to provide all the information needed to post an Ad on the Application, which includes (without limitation) its location, accommodation capacity, size, characteristics, availability, price, as well as rules and any other financial terms. The Host can also include specific regulations to be agreed on by the Guest.
Ads will be organized by DayStable and its algorithms at is own discretion,
The Host is solely liable for its Ads published on the Application, as well as their content. The Host is therefore liable in case of infringement of third party’s rights, law, regulation or any third party agreement.
6.4. BookingBooking is an agreement between the Host and the Guest, to which DayStable is not a party. DayStable only provides a platform that provides its Services, and is not an agent or insurance agent.
DayStable is not liable of the Renter’s reply or lack of reply to the Booking request. 6.5. Animal careThe Host agrees to care for the animals hosted in the Properties in accordance with the industry standards. The Host agrees to take all necessary steps to protect the health of the animals.
The Guest cannot hold DayStable liable if the animals are not cared for appropriately.
7.6. InsuranceThe Host must have an insurance, which covers any service provided. DayStable do not check the insurance policy taken out by the Host and cannot be held liable if the Host is not insured.
Article 8 – Customer Service
The customer service can be reached by email at the following address: info@daystable.com
It can also be reached at the postal address indicated in the Application’s legal notice.
Article 9 – Responsibility
DayStable’s liability is limited to providing technical access to a social platform between Hosts and Guests.
DayStable cannot be held liable for any indirect damage resulting from the User’s (Host or Guest) or any third party’s visit to the Application, its use, or from the impossibility to use the Platform’s content.
This limitation of liability concerns all type of indirect damage, including, without being limited to: operating loss, loss of revenue, loss of orders, loss of earnings, loss of data or any other information, loss of customers, loss of anticipated savings, detriment to the image or reputation of the company or loss of opportunity.
DayStable will also not be liable for any damages caused by malicious programs, viruses, or any incomplete or wrong information on the Website, unless these damages are due to a voluntary act or severe negligence from DayStable.
DayStable’s liability is always limited to the value of the Booking.
Article 10 – Application and User Account
10.1. Application
Any User can only create one account on the Application. Application access can be limited at any time in order to allow maintenance, reparation, or the update of the Application.
DayStable does not have any service level obligation for the Application, and will only make its best efforts to ensure it is online.DayStable ensures that its Application is safe to use. However, due to the nature of Internet, DayStable cannot guarantee that its use will be absolutely safe, and only has a best efforts obligation.
10.2. Hyperlinks to other websitesThe Application may include hyperlinks to pages which are external to the Application, as well as articles, pictures, texts, visuals, images, design features, music tracks, sound files, video files, information, applications, software, and any other content or element belonging to third party or from other Parties.Therefore:-DayStable does not check and control links to third parties’ websites or content,-DayStable does not guarantee that third parties websites or content will be accurate, relevant or exhaustive,-DayStable cannot be held liable for the content, accuracy, degree of offensiveness, opinions, reliability, data privacy policy, from third parties’ websites and content, and any other third party policy.-Accessing third parties’ websites and content is done at the User’s own risks and liability.-DayStable cannot, in any case, be held responsible for any damage, direct or indirect, caused by third parties’ websites to the User.
10.3. Login and passwordThe User will create a User Account by choosing its login (email address) and password. The User can also create an account using its Facebook information or any other social network (SRS) supported by the Application.
DayStable will not be responsible for any improper use or leak of the Facebook information or any other social network (SRS) supported by the Application and provided by the User.
The User must also provide any information necessary for the provision of Services, such as name, first name, postal address, email as well as a phone number. This User Account will be used by the User to log into his account on the Application. The User should provide a strong password and is responsible for its strength. DayStable is not liable if a third party accesses the User Account via brute force attack.
10.4. The Access of the User AccountThe User is responsible of both the safety and use of its login and password. The User should ensure that they are used in accordance with the present Terms of Service.
DayStable will not, in any case, be liable for any unauthorized use of the login and password by the User or a third party and will not be liable in case of damages caused by such use.
The User must notify DayStable immediately in the event it becomes aware of any unauthorized access or use of its login or account or any other breach of security.
DayStable will not be held liable if it is impossible for the User to access the Application or Platform.
DayStable can however, at any moment, decide to lock and delete the User Account without prior notice, in case of non-compliance with the Terms of Service, and without any compensation or damages.
DayStable cannot be liable on this basis. However, DayStable can hold the User liable and ask for damages if the User has not complied with the Terms of Service.
10.5. User FeedbackUsers can rate and give feedback on the Hosts. Users grant DayStable the right to use these reviews, for promoting its own business.
10.6. SafetyThe User agrees not to act in the following manner, without it being limited to the following:
-Act in a way which could compromise the operation of the Application,
-Try to access another User Account,
-Try to access the servers (outside of the normal use of the DayStable) or computers connected to DayStable’s network,
-Try to upload viruses, trojans or any other invasive or illegal program onto the Application,
-Extract or try to extract data from the Application, without prior written agreement of DayStable,
-Using the Platform in an unlawful way or in violation of any of these Terms of Service or any applicable law.
11.8. User Account Data
The User agrees to provide real information in its User Account, this information is used to provide the Services.
The User can also delete his account, this will automatically delete the User’s data. More information regarding this in the Privacy Policy.
Article 12 – Intellectual property
12.1. Website components
Texts, images, domain names, trademarks, designs, models, patents, software, database, used on the Application are:Property of DayStable, or;In some cases, property of a third party, which has granted a user license to DayStable.
These components are protected.The Terms of Service do not grant any property right to the User, who cannot reproduce any of the components of the Application, partially or totally, without prior written agreement of DayStable.
Any partial or complete reproduction of these components can constitute infringement. DayStable reserves the right to take any necessary appropriate legal actions to preserve its rights and seek remedies.
12.2. Images and texts uploaded by HostsTexts and images, or any other element, uploaded on the Application by Hosts to publish their Ads, are their property.
Hosts grant DayStable a user license on these texts, images or any other element, uploaded by the Users to publish their Ads.
This license includes:
-Right to use,
-Right to access,
-Right to copy, on any support and by any mean,
-Representation right, by any mean,
-Right to adapt, right to modify,
-Right to distribute,
-Right to sublicense,
This license is granted without charge, irrevocably, non-exclusively, transmissible, for the entire duration of copyright, and in the entire world.The Host guarantee DayStable against any action brought by a third party on the basis on infringement of any right due to the uploading and use of the images and texts, or any other element. This guarantee explicitly includes copyright infringement.
Edited by DayStable.
The users posting stable ads have to understand how laws work in their respective countries and how to obey them. All users posting stable ads of equestrian properties such as stables have to act as professionals, meaning that they are insured and that the facilities are safe and secure.
Last updated: 8th January 2021
The present Terms of Service set out the contractual relationship between the private company DayStable, and users of the DayStable Platform, (hereinafter referred to as “DayStable”). DayStable Limited registered at the Swedish Bolagsverket under the registration number 559235 - 9391 with the post office located at:c/o ekonominord Redovisning ABBox 4185904 05 UMEÅ
These Terms constitute a legally binding agreement ("Agreement") between you and DayStable (as defined above) governing your access to and use of the DayStable mobile and tablet application and any website through which DayStable makes its services available and all associated services (collectively, "DayStable Platform"). The Application, Website and DayStable Services together are hereinafter collectively referred to as the “DayStable Platform”. The proposed services are edited by the company DayStable Limited as described above.The hosting of our website is provided by Google.
Article 1 - Definitions
The following definitions will apply to the following Terms of Service, whose first letter is in capital letters, in singular or plural, as well as any other contractual document between the Parties:“Ad”: ad published by a Host of the Platform, in order to offer a Property for rental,
“Book” or “Booking”: booking of a Property for short, medium or long term stay by a Guest, on the DayStable Platform,
“Parties”: DayStable and/or the User of the DayStable Platform,
“Property”: property for housing of physical persons or horses, which is provided by the Host to the Guest, on the DayStable Platform,
“Hosts”: the User who provides his Property for rental on the Platform, that include all insured Property provided.
“Services”: the technical platform (Application, Website or any other Service provided by DayStable), property of DayStable, which allows Hosts to provide Properties for rental to Guests,
“Guest”: the User who Books a Property on the Application,
“User”: the Application user, individual or professional, who uses the Application as a Host or Guest, or visitor and has accepted the Terms of Service.
“User Account”: User account on the Application, which can be accessed by using a login and password, and contains all the User’s personal information as well as the User’s archives on the Application,
“DayStable Platform”: the application DayStable as well as the website www.daystable.com as well as all its pages, property of DayStable, and any other way to display the Services of DayStable.
The user who visits the DayStable application and wishes to use the Services, as a Stable Host or Guest, is invited to read these Terms of Service with attention, to print them and/or backup them on a durable medium.
Article 2 – Scope of the Terms of Service and object of the Application
2.1. Modification of the Terms of Service
DayStable reserves the right to modify the Terms of Service, by publishing a new version of these Terms of Service on the application, without any notification to the User. If the User does not accept the modified Terms, the User can use its right to refuse by deleting its User Account.
2.2. Object of the Application
The Application provides an online platform, which allows Hosts to offer their Properties for rental to Guests. These Properties can be destined to host either horses or individuals. The Application can also provide lease of equestrian infrastructures to its Users.
2.3. Acceptance of the Terms
Registration to the Application, its use, Booking or renting a Property, implies that the User fully acknowledges and agrees, without reservation, with the entire Terms.
This acceptance can also be expressed by ticking the box “I have read and accepted the Terms of Service” or any similar sentence, while registering to the DayStable Application. This will have the same value as any written signature.
2.4. Legal capacity of the User
In order to accept the Terms of Service and subscribe to the Services on the Application (as a Host or Guest), as well as Book a Property, the User needs to have the legal capacity to do so. If the User is a minor or does not have the legal capacity to do so, the User declares that he has the authorization of a legal representative.
If the User represents a company or any other entity, the User declares and warrants that he has the rights to engage the company or legal entity to the Terms of Service. In that context, the term « User » will mean the corporation or the legal entity.
2.5. Legal compliance
The DayStable Application is compliant with Swedish Laws. As a consequence, DayStable cannot be held liable if the Application is not compliant with the laws applicable in the foreign country from which the User is visiting the Application.
Users must acquaint themselves with the applicable local and national laws relating to temporary accommodation of individuals and animals, and DayStable cannot be held responsible in case of non-compliance.
Article 3 – Relationship between the Parties
3.1. Agreement between Host and Guest
DayStable is not a party in any agreement between the Host and Guest, and is not a real estate broker, a real estate agent, a legal or tax counsel, or insurance agent. DayStable only work as a intermediate between the Users of the Application.
The Guest must inform the Host if the horse has any specific need (health, diet, etc). The Host must treat the animal with the appropriate standard of care, and will take all necessary measures to ensure its continued health.
3.2. Relationship between DayStable and the Host
Publishing an Ad on the Application does not mean that DayStable and the Host are parties to any employment relationship, partnership, agent relationship or any other relationship between the Parties. The Host and DayStable are both independent parties.
DayStable does not check the Ad, its characteristics, its compliance with the law or its conformity. DayStable also does not control the background or behavior of the Host. DayStable therefore cannot be held liable in that context.
DayStable does not own, sell, resell, supply, rent, manage and/or control property, including in particular hotel rooms, animal pensions, equestrian infrastructure or any other Property. Unless otherwise specified, DayStable’s liability is limited to providing an access to the Application and Platform to the Users.
DayStable accepts no liability for any event which happens in the direct relationship between Host and Guest, which includes, without being limited to: -Direct and indirect damages caused by the Host or its properties
-Identity of the Guests or any information relating to the Hosts,
-Incomplete information relating to the Guest’s animal.
3.3. Relationship between DayStable and the Guests
DayStable is not responsible for the horses entrusted by the Guest to the Host, and that is hosted in their Property. DayStable is not liable for any direct or indirect damages caused by the Guest while using the Properties of the Host.
DayStable accepts no liability for any event taking place in the direct relationship between Guest and Host, which includes, without being limited to:-Inadequate treatment of the animal by the Host,
-Health issues of the animal entrusted to the Host by the Guest,
-Any direct or indirect damage caused by the Host to the Guest, or vice versa,
-Any non-complaint information about the Property in the Ad published by the Host on the Application,
-Lack of availability of the Property at the requested date, even if the Host has indicated its availability in the Ad,
-Any difference between the Property and the Ad published by the Host on the Application,
-Any check-in difficulty.
Article 4 – Characteristics, Compliance and Availability of the Property
4.1. Characteristics & Compliance of the Property
Ads are written and published on the Application by the Hosts.Information, Characteristics and images included in the Ads are provided by the Hosts, who are exclusively liable in case of any difference between the Property as presented on the Ads, and the actual Property. DayStable cannot be held liable in case of any difference between the Property as presented on the Ads, and the actual Property. DayStable cannot be held liable if the Property is not compliant with the needs of the User.
4.2. Availability of the PropertyProperty availability is indicated on the DayStable Platform, on the Ad page, based on the information provided by the Host. DayStable cannot be held liable if the Property is not available at the requested date even if the Host indicated that it was available in the Ad. The Host must ensure that the Property is available at the date for which it is Booked.
Article 5 - User Booking
5.1. Booking MethodThe User can Book Properties through the Application.
Before contacting a host to book a Property in the Application for the first time, the User must create a User Account.
5.2. Booking process
The Booking process is the following:-The User creates his User Account and accepts the Terms, if it is his first Booking, or log in into the User Account if it already exists,
- The Users chooses the Property he wants to Book,
- The Guest reviews the internal rules of the Property, as well as any other information included in the Ad,
-The Guest and Host can communicate through the DayStable chat and arrange the payment.
-Through the chat the Guest & Host can exchange information and contact details
5.3. Refusal of BookingDayStable retains the right to refuse any Property Booking for any legitimate reason, which includes payment issues, provision of incomplete and/or imprecise information by the Users, abnormally high Booking fees or history of Bookings made in bad faith.
5.5. ArchivesDayStable will archive chats and information on a reliable and durable support. The Parties will consider computerized registries adequate proofs of communications.
Article 6 – Obligations of the Host
6.1. Rights on the Property.The Host confirms that he owns the Property, or has acquired all necessary usage rights to rent the Property on the Application (which includes, without limitation, any administrative authorization, or any authorization from the owner if the Host does not own the Property, and so on).
6.2. Authorization to rentThe Host confirms that he has all necessary authorization (legal, statutory or administrative) to rent Properties as well as accommodating animals.
DayStable cannot be held liable if the Host does not have all the necessary permits.
6.3. AdThe Host agrees to provide all the information needed to post an Ad on the Application, which includes (without limitation) its location, accommodation capacity, size, characteristics, availability, price, as well as rules and any other financial terms. The Host can also include specific regulations to be agreed on by the Guest.
Ads will be organized by DayStable and its algorithms at is own discretion,
The Host is solely liable for its Ads published on the Application, as well as their content. The Host is therefore liable in case of infringement of third party’s rights, law, regulation or any third party agreement.
6.4. BookingBooking is an agreement between the Host and the Guest, to which DayStable is not a party. DayStable only provides a platform that provides its Services, and is not an agent or insurance agent.
DayStable is not liable of the Renter’s reply or lack of reply to the Booking request. 6.5. Animal careThe Host agrees to care for the animals hosted in the Properties in accordance with the industry standards. The Host agrees to take all necessary steps to protect the health of the animals.
The Guest cannot hold DayStable liable if the animals are not cared for appropriately.
7.6. InsuranceThe Host must have an insurance, which covers any service provided. DayStable do not check the insurance policy taken out by the Host and cannot be held liable if the Host is not insured.
Article 8 – Customer Service
The customer service can be reached by email at the following address: info@daystable.com
It can also be reached at the postal address indicated in the Application’s legal notice.
Article 9 – Responsibility
DayStable’s liability is limited to providing technical access to a social platform between Hosts and Guests.
DayStable cannot be held liable for any indirect damage resulting from the User’s (Host or Guest) or any third party’s visit to the Application, its use, or from the impossibility to use the Platform’s content.
This limitation of liability concerns all type of indirect damage, including, without being limited to: operating loss, loss of revenue, loss of orders, loss of earnings, loss of data or any other information, loss of customers, loss of anticipated savings, detriment to the image or reputation of the company or loss of opportunity.
DayStable will also not be liable for any damages caused by malicious programs, viruses, or any incomplete or wrong information on the Website, unless these damages are due to a voluntary act or severe negligence from DayStable.
DayStable’s liability is always limited to the value of the Booking.
Article 10 – Application and User Account
10.1. Application
Any User can only create one account on the Application. Application access can be limited at any time in order to allow maintenance, reparation, or the update of the Application.
DayStable does not have any service level obligation for the Application, and will only make its best efforts to ensure it is online.DayStable ensures that its Application is safe to use. However, due to the nature of Internet, DayStable cannot guarantee that its use will be absolutely safe, and only has a best efforts obligation.
10.2. Hyperlinks to other websitesThe Application may include hyperlinks to pages which are external to the Application, as well as articles, pictures, texts, visuals, images, design features, music tracks, sound files, video files, information, applications, software, and any other content or element belonging to third party or from other Parties.Therefore:-DayStable does not check and control links to third parties’ websites or content,-DayStable does not guarantee that third parties websites or content will be accurate, relevant or exhaustive,-DayStable cannot be held liable for the content, accuracy, degree of offensiveness, opinions, reliability, data privacy policy, from third parties’ websites and content, and any other third party policy.-Accessing third parties’ websites and content is done at the User’s own risks and liability.-DayStable cannot, in any case, be held responsible for any damage, direct or indirect, caused by third parties’ websites to the User.
10.3. Login and passwordThe User will create a User Account by choosing its login (email address) and password. The User can also create an account using its Facebook information or any other social network (SRS) supported by the Application.
DayStable will not be responsible for any improper use or leak of the Facebook information or any other social network (SRS) supported by the Application and provided by the User.
The User must also provide any information necessary for the provision of Services, such as name, first name, postal address, email as well as a phone number. This User Account will be used by the User to log into his account on the Application. The User should provide a strong password and is responsible for its strength. DayStable is not liable if a third party accesses the User Account via brute force attack.
10.4. The Access of the User AccountThe User is responsible of both the safety and use of its login and password. The User should ensure that they are used in accordance with the present Terms of Service.
DayStable will not, in any case, be liable for any unauthorized use of the login and password by the User or a third party and will not be liable in case of damages caused by such use.
The User must notify DayStable immediately in the event it becomes aware of any unauthorized access or use of its login or account or any other breach of security.
DayStable will not be held liable if it is impossible for the User to access the Application or Platform.
DayStable can however, at any moment, decide to lock and delete the User Account without prior notice, in case of non-compliance with the Terms of Service, and without any compensation or damages.
DayStable cannot be liable on this basis. However, DayStable can hold the User liable and ask for damages if the User has not complied with the Terms of Service.
10.5. User FeedbackUsers can rate and give feedback on the Hosts. Users grant DayStable the right to use these reviews, for promoting its own business.
10.6. SafetyThe User agrees not to act in the following manner, without it being limited to the following:
-Act in a way which could compromise the operation of the Application,
-Try to access another User Account,
-Try to access the servers (outside of the normal use of the DayStable) or computers connected to DayStable’s network,
-Try to upload viruses, trojans or any other invasive or illegal program onto the Application,
-Extract or try to extract data from the Application, without prior written agreement of DayStable,
-Using the Platform in an unlawful way or in violation of any of these Terms of Service or any applicable law.
11.8. User Account Data
The User agrees to provide real information in its User Account, this information is used to provide the Services.
The User can also delete his account, this will automatically delete the User’s data. More information regarding this in the Privacy Policy.
Article 12 – Intellectual property
12.1. Website components
Texts, images, domain names, trademarks, designs, models, patents, software, database, used on the Application are:Property of DayStable, or;In some cases, property of a third party, which has granted a user license to DayStable.
These components are protected.The Terms of Service do not grant any property right to the User, who cannot reproduce any of the components of the Application, partially or totally, without prior written agreement of DayStable.
Any partial or complete reproduction of these components can constitute infringement. DayStable reserves the right to take any necessary appropriate legal actions to preserve its rights and seek remedies.
12.2. Images and texts uploaded by HostsTexts and images, or any other element, uploaded on the Application by Hosts to publish their Ads, are their property.
Hosts grant DayStable a user license on these texts, images or any other element, uploaded by the Users to publish their Ads.
This license includes:
-Right to use,
-Right to access,
-Right to copy, on any support and by any mean,
-Representation right, by any mean,
-Right to adapt, right to modify,
-Right to distribute,
-Right to sublicense,
This license is granted without charge, irrevocably, non-exclusively, transmissible, for the entire duration of copyright, and in the entire world.The Host guarantee DayStable against any action brought by a third party on the basis on infringement of any right due to the uploading and use of the images and texts, or any other element. This guarantee explicitly includes copyright infringement.
Edited by DayStable.