DailyMe, Inc. a Delaware corporation ("DailyMe") is the proprietary and exclusive provider of the DailyMe information service ("Service") and provides the Service to you, subject to your acceptance of this Terms of Service Agreement ("agreement").
Acceptance of Terms
By registering for DailyMe, accessing www.dailyme.com or using the Service, you are agreeing to be bound by: (a) the terms contained in this agreement, including any and all future amendments; (b) any and all applicable laws, whether foreign or domestic as they apply to the provision of the Service; and (c) any and all terms that govern the usage by DailyMe of the content and services used in providing the Service and which are incorporated herein by reference.
DailyMe may update this agreement from time to time without notice to you.
This agreement was last updated on December 21, 2006.
Ownership of Our Website and Service and Protection of the Intellectual Property Rights of DailyMe and its Information Providers
All right, title, and interest to the content displayed on our website and/or used in the Service, including but not limited to our website's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of DailyMe, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on our website or any content (including without limitation any software) available through our website and/or Service.
Your License to Access Content on Our Website and/or Service
Upon registering for the Service, you are granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, and store content retrieved from our website and/or Service via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in our website and/or Service or remove or obscure the copyright notice or other notices displayed on the content.
If you download or print a copy of the content from our website for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of our website or features that prevent or restrict use or copying of any content from our website or enforce limitations on use of our website or the content therein. You may not reproduce, print, cache, store or distribute content retrieved from our website in any way, for any commercial use without our the prior written permission or the copyright holder identified in the relevant copyright notice.
You agree not to modify our Service in any manner or form, or to use modified versions of our Service, including (without limitation) for the purpose of obtaining unauthorized access to our Service or portions of the Service. You agree not to access our Service by any means other than through the interface that is provided by us for use in accessing our Service.
Except as expressly provided in this agreement, nothing contained in this agreement or on the website shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of our content or under any third party's content. Any rights not expressly granted herein are reserved.
Service
The service is provided "AS-IS" and DailyMe asumes no responsibility for the timeliness, deletion, misdelivery or failure to store any information or individualization settings.
Neither YellowBrix, Inc., an information provider of DailyMe ("Yellowbrix") nor any third-party licensor shall have any liability for the accuracy or completeness of the DailyMe information service or any component thereof or for delays, unauthenticity, omissions or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including without limitation any lost profits, indirect, special or consequential damages. Either YellowBrix or third-party licensor have exclusive proprietary rights in the information received via the DailyMe information service. End-user or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. End-user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of YellowBrix. Provision of the information on the Service is subject to termination in the event that any agreement between third-party licensor and a provider of information distributed through the DailyMe information service is terminated in accordance with its terms. YellowBrix, third-party licensors and their subsidiaries, affiliates, information providers and content partners shall have no liability for investment decisions based on the information provided hereby.
Modifications to Our Service
DailyMe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DailyMe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. DailyMe reserves the right to add, substitute, or delete information sources ("Information Providers") on which the Service is based without prior notice.
Unless explicitly stated otherwise, any new features that modify in any way the Service, including the release of any new DailyMe services, products, properties, shall be subject to this agreement.
Your Registration Obligations
In consideration of your use of the Service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or DailyMe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DailyMe has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DailyMe Privacy Policy
Registration data and certain other information about you is subject to our Privacy Policy. For more information, please refer to the DailyMe Privacy Policy.
Use
You expressly agree not to use the Service to copy, disseminate, display, redistribute, publish, broadcast, or sell any material received hereunder, or in any other manner that infringe any copyrights or proprietary interests of DailyMe, any of the Information Providers or any third party other than as expressly provided for in the Service. The relevant terms and conditions of the agreements between DailyMe and it's Information Providers (hereinafter "Information Provider Terms and Conditions") including revisions thereto, are either stated in this agreement or are incorporated into this agreement from the content of the Information Providers accessed by you through the Service, as if fully set out herein and YOU EXPRESSLY AGREE TO ABIDE BY ALL SUCH INFORMATION PROVIDER TERMS AND CONDITIONS. You agree to indemnify DailyMe for any loss occasioned by violation of the Information Provider Terms and Conditions by yourself, employees, affiliates or any third party obtaining access to the Information Services from you.
No Automated Querying
You may not send automated queries of any sort to our website without express permission in advance from us. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to our website to determine how a website or webpage "ranks" for various queries;
- "meta-searching"; and
- performing "offline" searches on our website.
Copyright and Trademarks
You will not remove or alter the DailyMe trademarks and copyright notices, or related visual marks and logos, from the information provided or from any authorized reproduction of such materials. Nor will you remove or alter trademarks and copyright notices of DailyMe's Information Providers, or allow them to be removed or altered, from any materials delivered as part of the Services, or from any authorized reproduction of such materials.
Compliance With Laws
You agree to comply with all applicable laws regarding your use of the Service and our website.
Modifications to Our Service
We reserve the right at any time and from time to time to modify, suspend, discontinue, or terminate our Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation, or termination of our Service.
Termination of Your Access to Our Service
You agree that we, in our sole discretion, may terminate your access to our Service, and/or remove, discard or modify any postings or content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this agreement. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Service. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to our Service, even if advised of a claim for damages.
Posting Material on Our Website
Our website may allow users to post or upload information, text, data, photographs, graphics, music, messages and/or other content ("postings"). You acknowledge and agree that postings and any and all liability arising from postings are the sole responsibility of the user who posted the content ("poster"), and not us. We do not control the postings and do not guarantee the accuracy, integrity or quality of any postings.
Under no circumstances will we be liable in any way for any postings, including, but not limited to, any errors, omissions or misrepresentations in any postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any postings.
If you do choose to post content on our website, please do not do so unless you understand that your postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your postings. You agree that all of your postings will comply with the requirements of this agreement.
We do not have any ownership rights in postings by users of our website. If you choose to provide any postings on our website, you agree that we may, on a non-exclusive basis, use, copy, distribute, display, publicly perform, publish, adapt, modify, make derivative works from and translate such postings for any purpose and in any medium worldwide, including incorporating the postings without any obligation to compensate you or any other third party in any way for any such use. We may grant other parties these same rights as to the postings. This does not restrict you from granting to others rights to use your postings. We can use the postings in such manner until you remove your postings from our website. The foregoing rights shall include the right to exploit any proprietary rights in such postings, including, but not limited to, rights under copyright, trademark, service mark and patent laws of any relevant jurisdiction.
You Agree Not to Use Our Website and/or Service to:
Post any posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Harm or threaten to harm users in any way;
"Stalk" or otherwise harass any other person or entity;
Solicit personal information from anyone under 18;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose;
Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account or selling or otherwise transferring your profile;
Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
Violate any law (whether local, state, national, or international), whether or not intentionally;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting;
Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Interfere with or disrupt our Service, our website, or servers or networks connected to our website, or disobey any requirements, procedures, policies, or regulations of networks connected to our website;
Collect or store personal data about other users;
Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You acknowledge that we do not pre-screen postings, but that we have the right, but not the obligation, to refuse to make available, to modify or to remove any postings or portions of postings in its sole discretion and at any time without notice to the poster, regardless of whether those postings violate the terms of this agreement or are otherwise objectionable.
You agree that your use of any posting is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the posting. You agree that if you rely on any posting submitted to us, it is solely at your own risk.
Information Disclaimer and Disclaimer of Warranties
BY USING OUR SERVICE YOU UNDERSTAND AND AGREE THAT:
OUR SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR website IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER FINANCIAL, LEGAL OR OTHERWISE. THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICE OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICE OR OTHER MATERIAL ON OUR SITE.
YOUR USE OF THE SERVICE AND/OR OUR WEBSITE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OUR SERVICE WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR NEEDS.
ANY MATERIAL OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE UPLOAD AND/OR DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM OUR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR WEBSITE, OR (6) ANY OTHER MATTER RELATING TO OUR WEBSITE OR OUR SERVICE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of DailyMe
You agree to indemnify and hold us and our affiliates, and officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) postings or other content you submit or that are submitted from your account, (b) your use of or reliance on our Services, (c) your connection to our website, (d) your violation of this agreement, or (e) your violation of any rights of another party.
No Other Agreements Between Us
With the exception of our Privacy Policy, this agreement constitutes the entire agreement between you and us for governing your use of our website and Service and supersedes any prior agreements between you and us for that purpose, including any agreements applying to our website or our Service.
Law Applicable to Interpretations and Disputes
This agreement and the relationship between you and us are governed by the laws of the State of Florida without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state and/or federal courts located within the County of Broward, Florida.
Severability of This Agreement
If any provision of this agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this agreement shall continue in full force and effect.
Limitation of Actions Brought Against Us
You agree that any claim or cause of action arising out of either your use of our website or this agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of this agreement or related right shall not constitute a waiver of that right or provision.
Contact Information
If you have any questions or concerns with respect to this agreement or our website, you may contact adsales@dailyme.com or by mail at:
DailyMe, Inc.
Attention: General Counsel
4000 Hollywood Blvd. Suite 135-S
Hollywood, FL 33021.
Effective date: December 21, 2006