LAST UPDATED: October 2019
All content included on the site, including website design, software, text, graphics, logos, images, video, data, and other material (collectively "Content") is the property of Calendars.com or its content suppliers and is protected by United States and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Calendars.com and is protected by United States and international copyright laws. The images used on this site are the property of their respective copyright owners, and are used by Calendars.com pursuant to express or implied authorization from the copyright owners or their agents. Calendars.com and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
"The BEST SELECTION of Calendars in the Known Universe.", Flip Day, DogBreedstore.com and “Nothing but the breed”, are trademarks of Calendars.com L.L.C. and used by Calendars.com by permission. In addition, graphics, logos, page headers, button icons, and scripts included on Calendars.com are trademarks or trade dress of Calendar Holdings LLC and/or Calendars.com in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not our, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Calendar Holdings LLC or Calendars.com. All other trademarks not owned by Calendar Holdings LLC or Calendars.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Calendars.com.
USE OF SITE
· make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
· download, copy or transmit any Content for the benefit of any other merchant;
· use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Calendars.com or generally publicly available browsers;
· frame, mirror or use framing techniques on any part of the Site without Calendars.com’s express prior written consent;
· use any meta tags or any other hidden text utilizing Calendars.com’s name or marks;
· misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
· use a buying agent to conduct transactions on the Site;
· conduct fraudulent activities on the Site;
· violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Calendars.com Site) or to the Site (impersonating another user);
· send unsolicited or unauthorized email on behalf of Calendars.com, including promotions and/or advertising of products or services;
· tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
· use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
· harvest or collect personally identifiable information about other users of the Site;
· restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
· use the Site to advertise or offer to sell or buy any goods or services without Calendars.com’s express prior written consent;
· reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of or access to the Site;
· modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
· remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
You may be required to register with Calendars.com in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Calendars.com including those set forth in these Terms & Conditions, Calendars.com reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
MODIFICATION AND TERMINATION
USER REVIEWS, COMMENTS, AND SUBMISSIONS
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Calendars.com assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
For any User Content you submit, you grant to Calendars.com a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Calendars.com the right to include the name provided along with the User Content submitted by you; provided, however, Calendars.com shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Calendars.com neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. You agree that Calendars.com will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Calendars.com.
Calendars.com may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Calendars.com, and access certain other features (collectively the "Mobile Services"). Although Calendars.com does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Calendars.com the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Calendars.com reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Calendars.com or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
LIMITATIONS ON QUANTITY
Calendars.com reserves the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.
Calendars.com reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
AVAILABILITY, ERRORS, AND INACCURACIES
Calendars.com's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Calendars.com makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Calendars.com strives to display the colors of the products shown on this Website accurately; however, because a monitor’s display may vary from the colors shown, we cannot and do not guarantee that your monitor’s display of any color will be the actual color of the products. Calendars.com reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.
Digital downloads offered by Calendars.com ("Wallpaper Downloads") are provided for your personal, non-commercial use only in the United States, its territories and possessions. All purchases of wallpaper content ("Wallpaper Content") are deemed final and are non-refundable. The use and purchase of Wallpaper Content require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. We reserve the right to change the prices and availability, including removal of such content, without prior notice to you. In accessing Wallpaper Content through Calendars.com, You agree:
· To not modify, or attempt to modify, any software or Wallpaper Content purchased through Calendars.com for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the content.
· Any reproduction, redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub license, modification, promotion or other use of the Wallpaper Content, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, without the prior written consent of the copyright owner is a violation of the law and is expressly prohibited.
· Other than as expressly set forth herein, copying, sharing or transferring of the Wallpaper Content is expressly prohibited.
Downloads of Wallpaper Content may be purchased individually or collectively as a complete digital calendar.
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss and title for all items purchased via sites owned and operated by Calendars.com passes to you upon delivery of the item to the carrier.
DIGITAL MILLENNIUM COPYRIGHT ACT
Calendars.com's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Calendars.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Calendars.com that your copyrighted material has been infringed. Calendars.com does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Calendars.com will respond by either taking down the allegedly infringing content or blocking access to it. Calendars.com may contact the notice provider to request additional information. Under the DMCA, Calendars.com is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Calendars.com a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
· Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
· Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
· Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
· If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
· Include the following statement: "I have 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";
· Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
· Be signed; and
· Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
6411 Burleson Rd
Austin, TX 78744
LINKS TO THIRD PARTY SITES
Calendars.com may contain links to other websites and interactive functionality interacting with the websites of third parties (“Linked Sites”) including social sites and product manufacturers’ sites. The Linked Sites are not under the control of Calendars.com and Calendars.com is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Calendars.com does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links.
Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Calendars.com strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Calendars.com of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
LINKING TO CALENDARS.COM
Linking to Calendars.com from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, Calendars.com's content. A Linking Site shall not create a frame, browser or border environment to Calendars.com's content and a Linking Site shall not imply that Calendars.com is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site's relationship with Calendars.com, shall not provide false information about Calendars.com's products or services, and shall not unlawfully use the copyrights or trademarks owned by Calendar Holdings LLC, Calendars.com, or others. Linking Sites shall abide by any and all applicable laws.
The Site is controlled and operated by Calendars.com from the United States, and is not intended to subject Calendars.com to the laws or jurisdiction of any state, country or territory other than that of the United States. Calendars.com does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CALENDARS.COM ON AN "AS IS" BASIS. CALENDARS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CALENDARS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CALENDARS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF CALENDARS.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND CALENDARS.COM. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CALENDARS.COM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
INDEMNIFICATIONS AND DEFENSE
NOTICES AND ELECTRONIC COMMUNICATIONS
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us once per calendar year for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of personal information shared with third parties and used for direct marketing purposes and the name and address of the third parties that received such personal information. If you are a California resident and want a copy of this notice, please submit a written request to the following address: Calendars.com, L.L.C., 6411 Burleson Road, Austin, TX 78744. In your request, please specify that you want "Your Calendars.com California Privacy Rights Notice." Please allow 30 days for a response.
DISPUTES – ARBITRATION AGREEMENT
ADDITIONAL TERMS & CONDITIONS
If you have any concerns about Calendars.com or your use of the Site, please contact us with a detailed description, and we will try to resolve it.