Terms & Conditions and Privacy Policy

Your Use of this Website is Governed by these Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the Bestdayofmylife.com website.

The Best Day Of My Life and BEst Night Of My Life company operates this internet site located at www.bestdayofmylife.com ("Website") As used herein, the terms "you"; "your", and "yours"; refer to the user or registered user using this Website. The terms "Best Day Of My Life, "we", "us", and "our" refer to Best Day Of My Life company and its related or affiliated companies.

These Terms and Conditions will govern your use of any new features that augment or enhance the current services (together the "Services"), however from time to time, new Services or features may be made available on this Website and you may be required to review and agree to additional terms and conditions and/or download software. Unless otherwise provided by the additional terms and conditions applicable to the new Services you use, the additional terms and conditions are hereby incorporated into these Terms and Conditions. In addition to these Terms and Conditions and any additional terms, the Best Day Of My Life privacy policy found on our website (the "Privacy Policy") will govern how your personal information will be used on this Website, and together they form the agreement between you and us (the "Agreement"). Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

These Terms and Conditions May Change 

Best Day Of My Life company and/or bestdayofmylife.com reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.

Tell Us What You Think

We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us shall be and remain the exclusive property of Best Day Of My Life. Your submission of any such Comments shall constitute an assignment to bestdayofmylife.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Bestdayofmylife.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Inaccuracy Disclaimer

From time to time there may be information on our website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Best Day Of My Life reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Are Children Allowed to Use Bestdayofmylife.com?

Best Day Of My Life does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use bestdayofmylife.com only with the involvement of a parent or guardian.
In cases where you have authorized a minor to use the Website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website; and (iii) the consequences of any misuse by the minor. You acknowledge that Best Day Of My Life has no obligation to monitor the content accessible on or through the Website.

Copyright Notice

All of the Content you see and hear on the Bestdayofmylife.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Best Day Of My Life. The entire content of this Website is copyrighted as a collective work under U.S. copyright laws, and Best Day Of My Life owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

The Content of this Website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Best Day Of My Life reserves complete title and full intellectual property rights in any content you download from this Website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Best Day Of My Life.

Notice of Copyright or Trademark Infringement

Best Day Of My Life respects the intellectual property of others. When we become aware of allegations of copyright or trademark infringement in material distributed through www.Bestdayofmylife.com or any of Best Day Of My Life's other social media platforms, we will investigate and address the allegations. Best Day Of My Life's response can include, without limitation, termination of the infringer's access to this site or other Best Day Of My Life social media.

If you misrepresent that material infringes your intellectual property rights, you may be liable for damages, including attorneys' fees and costs. If Best Day Of My Life determines to restrict or terminate a user's access to www.Bestdayofmylife.com or other Best Day Of My Life social media, Best Day Of My Life will make a good faith effort to notify the person who posted the infringing content so that they may make counter notification pursuant to applicable laws. Best Day Of My Life shall document all notices of alleged infringement upon which it decides to take action. A copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.

If you believe that your trademark rights or copyright have been infringed on www.Bestdayofmylife.com, please provide Best Day Of My Life with the following information:

• Identification of the trademark or copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material on www.Bestdayofmylife.com (identified by url) or other Best Day Of My Life social media that you are requesting be removed;
• Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you;
• A statement that you have a good-faith belief that the use of the trademark or copyrighted work is not authorized by the owner, its agent, or the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner the intellectual property right that is allegedly infringed,
• An electronic or physical signature of the intellectual property owner or someone authorized on the owner's behalf to assert infringement and to submit the statement.

Best Day Of My Life's agent for notice of claims of infringement is its General Counsel, who can be reached as follows:

Best Day Of My Life

Scheuffler Law

1901 First Ave, Suite 132

San Diego, CA 92101

Attn: Debra Scheuffler
E-mail: info@Bestdayofmylife.com

 

Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to Best Day Of My Life's agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.

Best Day Of My Life USER CONTRIBUTED CONTENT POLICY
The Best Day Of My Life website (www.Bestdayofmylife.com) and social media sites (including, but not limited to, Facebook, Twitter, Instagram, Pinterest, LinkedIn, TikTok, and Snap) (collectively the "Sites") may provide opportunities for you to post or store content in the form of text, artwork, photographs, videos and or music on the Sites ("User Content"). User Content is publicly accessible and includes your social media profile information and any content you post pursuant to your profile, but it does not include information you submit to register with or order Best Day Of My Life products from www.Bestdayofmylife.com. Best Day Of My Life is not obligated to maintain any User Content in confidence. You agree that you are solely responsible for your User Content and that you post such User Content at your own risk..

By submitting or posting User Content on the Sites, you grant Best Day Of My Life and our subsidiaries and affiliates a worldwide, nonexclusive, royalty free, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites. Our license to use your Contributions is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Contributions..

By submitting or posting any User Content to the Sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any content that:

• contains any defamatory, libelous, obscene, pornographic, offensive, hateful, threatening, or inflammatory material;
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• advocates, promotes or assists any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights;
• contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
• is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Is threatening, abuses or invades another's privacy, or is likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
• is likely to deceive any person or be used to misrepresent your identity or affiliation with any person;
• gives the impression that it emanates from Best Day Of My Life, if this is not the case; and/or
• contains anything that, in Best Day Of My Life's sole determination, is objectionable or inhibits any other person from using or enjoying the site, or which may expose Best Day Of My Life or the users of the Sites to harm or liability of any kind.

Should you wish to remove any User Content that you have posted, Best Day Of My Life's agent for notice for removal can be reached as follows: Best Day Of My Life E-mail: info@bestdayofmylife.com

Best Day Of My Life reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to Best Day Of My Life that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms or the terms and conditions of use of the Sites, or any other applicable Best Day Of My Life terms, guidelines or policies or any applicable law, rule or regulation.

SOCIAL MEDIA AGREEMENT
WHEN YOU SUBMIT CONTENT (INCLUDING BUT NOT LIMITED TO, PHOTOS, TEXTS, ARTWORK AND MUSIC) (CONTENT) TO THE Best Day Of My Life WEBSITE (www.Bestdayofmylife.com) OR ANY Best Day Of My Life MAINTAINED SOCIAL MEDIA SITE (A SITE) OR SEND THE HASHTAG #BESTDAYOFMYLIFE to Best Day Of My Life, YOU AGREE TO BE BOUND BY THESE TERMS.

This Social Media Agreement incorporates by reference Best Day Of My Life's Website Terms and Conditions of Use and Privacy Policy (https://www.Bestdayofmylife.com/privacy-policy.html). In the event of any conflict or inconsistency between these Terms and the Website Terms and Conditions of Use or Privacy Policy, these Terms will prevail, govern and control with respect to the Content.

1. You represent and warrant that (a) you are at least 18 years old; (b) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); and (c) Best Day Of My Life's use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The Content also includes any profile information you allow Best Day Of My Life to access from third party social media platforms (such as Instagram, Twitter, Facebook, LinkedIn, TikTok, Pinterest, and Snap) in accordance with the authorization procedures determined by the platform.
2. You hereby grant to Best Day Of My Life a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on Best Day Of My Life's website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of Best Day Of My Life (including websites, apps and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing, this license includes, and you expressly consent to, Best Day Of My Life's right to use and publicly display your name, image, likeness and persona. Nothing in this license requires Best Day Of My Life to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
3. You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Best Day Of My Life or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Best Day Of My Life's request.
4. You agree to sign and deliver documents and take any other actions reasonably requested by Best Day Of My Life to effectuate, perfect or evidence the license and rights granted in these Terms.
5. You agree that you will not submit Content that (a) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
6. To the fullest extent allowed by law, you hereby release Best Day Of My Life and its employees, contractors, sponsors or any other person acting under Best Day Of My Life's permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of Best Day Of My Life's actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
7. These Terms, including the Best Day Of My Life online Terms and Conditions of Use and Privacy Policy and any other policies or agreements expressly incorporated by reference therein, constitutes the entire agreement between you and Best Day Of My Life in relation to the Content you're licensing. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will nonetheless be enforced to the maximum extent to which they are found by the court to be legally enforceable.
8. These Terms will be governed by applicable federal law and the laws of the State of Tennessee, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Best Day Of My Life's rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).

Mobile Message Service Terms and Conditions
Best Day Of My Life mobile message service (the "Service") is or may be operated by The Best Day Of My Life Company ("Best Day Of My Life Company", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Best Day Of My Life's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Best Day Of My Life through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Best Day Of My Life. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice https://www.Bestdayofmylife.com/privacy-policy.html.