ACCEPTANCE OF TERMS
DAILYSTORIESS reserves the right to change, add or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately once posted to the Site, and your continued use of the Site or Service after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. Nonetheless, in the event that any portion of this Agreement is updated, DAILYSTORIESS has the right, but not the obligation, to notify you of such update via an electronic communication to the email address you registered when you created an account and/or a notice posted to the Site.
ACCOUNT REGISTRATION & RESPONSIBILITIES
The Service and certain areas of the Site are only available to users who create an account with the Company (“Registered Users”). When you create an account through the Site, you may be required provide us with certain information, including, without limitation, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; (v) if an applicable purchase is made, your credit, debit card or PayPal account information; and (vi) a username and password chosen by you (the “Registration Data”). If you login through Facebook, your Registration Data may include your profile picture in addition to the previously mentioned data. As indicated in Section 4 below, we do not store all of your Registration Data on our database.
You, at all times, are responsible for (i) updating the Registration Data to, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data. Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use (Defined Below) of your account, please contact us at firstname.lastname@example.org.
- provide false or inaccurate Registration Data;
- complete, or attempt to complete, contractual obligations without all of the necessary licenses, permits or authority lawfully required pursuant to local, state or federal law, or reasonably required in the jurisdiction in which the contract was executed or the obligations are to be performed;
- post or transmit, or cause to be posted or transmitted, any materials, including without limitation, ratings, comments or reviews regarding vendors, subcontractors, or other users that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, violate any law or right of any third party or are not based on the personal, first-hand experience of you;
- use the Site or the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- engage in any activity that competes, or is intended to compete, with any of the Services. Additionally, you agree not that you will not advertise, or participate in an advertising or marketing scheme designed to promote, the Services of a competitor;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation, including without limitation User Submissions (defined in Section 5 below), designed or intended to obtain password, account, or private information from any DAILYSTORIESS user;
- create or submit unwanted email (“Spam”) to any other DAILYSTORIESS users;
- infringe upon the intellectual property rights of DAILYSTORIESS, its users or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any data mining, robot, spider, scraper, sniping software or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
- advertise to, or solicit, any user to buy or sell any products or services through the Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; OR
- duplicate, copy, reproduce, sell, re-sell, or otherwise exploit the reviews and ratings and any content for any commercial purpose without the express written consent of the Company.
DAILYSTORIESS uses the services of third parties to perform certain vital functions, including handling payments for the products discussed in Section 6 below. These third parties will only have access to the aspects of the Registration Data that are necessary to perform their respective services. Although you may be required to provide credit/debit card information associates with your Account when you make a purchase, we immediately transmit this information to our payment gateway service provider. These companies, not DAILYSTORIESS, store your credit or debit card information in their databases.
We utilize commercially reasonable and industry standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.
CONTENT AND Users
By accessing the site OR using the service, you acknowledge that DAILYSTORIESS merely acts as a passive conduit of the information made available through the service. By accessing or otherwise using the SITE or SERVICE, you acknowledge and assume all risks of harm, loss or damage related to your use of the SITE AND SERVICE, and hereby waive all claims and/or causes of action related to your use of the FOREGOING.
The contents of the Site and email notices, and updates, such as profile usernames, articles, text, graphics, images, videos, reviews, ratings, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be an endorsement of or referral to a particular vendor. DAILYSTORIESS does not guarantee the accuracy, quality or completeness of the Content.
Although we work with third party service providers to procure background checks of vendors, we cannot confirm that each vendor is who they claim to be. We do not assume any responsibility for the accuracy or reliability of this information or any information provided on the Site or through the Service.
NEITHER THE COMPANY NOR ITS AFFILIATES IS RESPONSIBLE FOR (I) THE CONTENT PROVIDED BY ANY USER OF THE SERVICE AND/OR (II) THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, including consulting a licensed veterinarian or dog trainer before following another User’s advice on the treatment or training of animals. By accessing or otherwise using the Site or Service, you acknowledge that DAILYSTORIESS correspondence, dealings and other interactions with individuals through the Site are solely between you and such persons. You should make whatever investigation you believe necessary or appropriate before entering into any agreement with a Registered User. You agree that DAILYSTORIESS shall not be responsible or liable for any CLAIM, INJURY loss or damage of any sort incurred as the result of any such dealings and you agree to bear all risks associated THEREWITH.
DAILYSTORIESS does not endorse and is not responsible for (i) any advertising, products or services offered by other Users through the Site; (ii) the accessibility or unavailability of any User; or (iii) the quality or completeness of work performed by any vendor.
Any purchase of products from the Site or otherwise from DAILYSTORIESS shall be in accordance with the prices and purchase options set forth at the time of purchase. Customer agrees to pay all fees listed at the time of purchase to DAILYSTORIESS Customer agrees to pay all sales, use, property, service or other taxes in connection with the product(s) purchased.
Risk of Loss.
All products purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier. Please contact your carrier with any issues related to the delivery of the products.
Returns, Refunds and Title.
From the date of your purchase of products from the Site or otherwise from DAILYSTORIESS you have thirty (30) days to return the purchased products in unused condition to the return address listed on your product invoice. If we receive the returned product in a used condition, we have the right to reduce the amount returned to you by the damage done to the product, up to the full amount paid. We do not take title to returned items until the item arrives at our office location. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
INTELLECTUAL PROPERTY RIGHTS
Subject to certain intellectual property rights governed by laws of the United States, foreign jurisdictions or international conventions, DAILYSTORIESS owns or has licensed the Site, Service and all content thereon, including, but not limited to, trademarks, service marks, logos, music, sounds, videos, text, software, scripts, graphics, interactive features or any downloadable content (collectively, the “Intellectual Property”). Pursuant to this Agreement, DAILYSTORIESS provides you with a limited, non-transferable, non-sublicensable, revocable license to use such Intellectual Property on an AS-IS basis. Furthermore, the license granted herein is personal and may not be used, copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DAILYSTORIESS reserves all rights not expressly granted in and to the Site, Service and the Intellectual Property. By accessing the Site or using the Service, you hereby agree not to engage in the unauthorized use, copying or distribution of any of the Intellectual Property without the express written consent of the Company. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or Service or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein.
Some portions of the Site or Service may allow you to submit or transmit audio, video, text, photographs, images or other materials designated to be displayed to others (collectively, “User Submissions”) to or through the Site. In the event that you provide User Submissions, you hereby grant to DAILYSTORIESS
, its affiliates, and partners a fully-paid, non-exclusive, non-revocable, worldwide, royalty-free, assignable and fully sublicenseable right to use, distribute, edit, incorporate, display, archive, publish, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those User Submissions, in any form, media, software or technology of any kind now known or developed in the future. You hereby waive any moral rights you may have in your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our partners, directors, officers, affiliates, employees or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. You understand that by using the Site or Service, you may be exposed to User Submissions that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Submissions. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site. You are solely responsible for your interactions with other users of the Site and/or Service.
TERMINATION AND EFFECT OF TERMINATION
This Agreement shall last until either you or the Company elect to terminate your account. In addition to any other legal or equitable remedy, DAILYSTORIESS may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Site and Service. In addition, DAILYSTORIESS may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Site and Service. Any such action shall not affect any rights and obligations arising prior thereto. Sections 5 through 20, together with any definitions and provisions intended to survive, shall survive the termination of this Agreement. The Company may terminate your user account, this Agreement and/or otherwise prohibit you from using or accessing the Site or the Service, for any reason, or no reason, at any time in its sole discretion, with or without notice. Upon termination, you must stop all use of the Site and the Service, unless otherwise set forth herein. The Company may take such further action as the Company determines to be appropriate under the circumstances to eliminate or preclude repeat violations. The Company shall not be liable for any damages of any nature suffered by you, or any third party resulting in whole or in part from the Company’s exercise of its rights under this Agreement
THIRD PARTY LINKS
consent to electronic communication
By creating a Registered Account, you acknowledge that DAILYSTORIESS may need to send you communication or data, via email, regarding the Services, including, but not limited to, notices about your use of the Services, updates to the Services and promotions regarding additional products and services offered by us. By using the Services, you consent to the receipt of electronic messages from us. Should you elect to opt out of the receipt of electronic messages, you may do so by following the instructions provided in such message. All newsletters sent by DAILYSTORIESS are opt-in only and include instructions on how to unsubscribe from such newsletters.
public forums and private communications
The Site may contain certain features that enable Registered Users to interact directly with each other, including by sending private messages to other Registered Users and posting comments and exchanging useful and helpful information with other Registered Users (“Public Forums”). While using a Public Forum or reading a private message, you may be exposed to content of other Users with which (a) you may disagree, (b) that you may find offensive, indecent or objectionable, or (c) is inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content. You should be skeptical about information provided by others, and you acknowledge that the use of any Submissions posed in any Public Forum or received via a private message is at your own risk. Further, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum or from a private message may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any Submissions contained in a Public Forum, and she shall not be responsible for any decisions made or actions taken based on such information or content. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, including consulting a licensed veterinarian or dog trainer before following another User’s advice on the treatment or training of animals.
Please respect and interact with other users as you would in any public arena. Do not reveal information that you do not want to make public.
We encourage you to report to us at contact@dailystoriess any suspected violations of this Agreement or any other additional terms posted on the Site, in particular, as they relate to inappropriate behavior or activity in our Public Forums. We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates this Agreement, including removing the offending communication in whole or in part from the Site, suspending or terminating the membership accounts of such violators or suspending or terminating their right to use and access the Site.
We reserve the right to, in our sole discretion, adopt, modify and post additional rules in any Public Forum and to condition access to any such feature by any individual or group in accordance with criteria determined by us in our sole discretion, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time, in our sole discretion.
REPRESENTATIONS AND WARRANTIES
DISCLAIMER OF WARRANTIES
THE SITE AND SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE OR THROUGH THE SERVICE, ARE PROVIDED “AS-IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT. DAILYSTORIESS AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE SERVICE; (C) THE INTELLECTUAL PROPERTY, CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE AND THE SERVICE; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE AND THE SERVICE; (E) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS, INCLUDING WITHOUT LIMITATION, REGISTRATION DATA, CONTENT OR USER SUBMISSIONS; (F) ANY PRODUCTS OR SERVICE OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (INCLUDING REGISTRATION DATA) THROUGH THE SITE OR THE SERVICE OR ANY LINKED SITE. DAILYSTORIESS DOES NOT WARRANT THAT THE SITE, SERVICE OR ANY OF THEIR RESPECTIVE FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND THE AFFILIATES OF THE FOREGOING DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE.
DAILYSTORIESS, AND ITS MANAGERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS AND THE AFFILIATES OF THE FOREGOING SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR THE SERVICE INCLUDING, WITHOUT LIMITATION, THE INTELLECTUAL PROPERTY AND CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.