By using and/or visiting this website (collectively, including all content and functionality available through the DailyDigital.com domain name, the "DailyDigital Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)DailyDigital's Privacy Notice and incorporated here by reference, and (3) DailyDigital's Community Guidelines and also incorporated here by reference. If you do not agree to any of these terms, the DailyDigital Privacy Notice, or the Community Guidelines, please do not use the DailyDigital Website. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://www.dailydigital.com/terms). DailyDigital may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the DailyDigital Website, including users who are also contributors of audio, video, text, image, action content, information, and other materials or services on the Website. The DailyDigital Website includes all aspects of DailyDigital, including but not limited to all products, software and services offered via the website such as the DailyDigital streams, drops the DailyDigital "" the DailyDigital "Storefronts" and other applications. The DailyDigital Website may contain links to third party websites that are not owned or controlled by DailyDigital. DailyDigital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DailyDigital will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve DailyDigital from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the DailyDigital Website and to read the terms and conditions and privacy policy of each other website that you visit.
In order to access some features of the Website, you will have to create a DailyDigital account manual or through Open ID standards. You may never use another persons account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DailyDigital immediately of any breach of security or unauthorized use of your account. Although DailyDigital will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DailyDigital or others due to such unauthorized use.
All payments across DailyDigital are managed by an integration with PayPal.com. Their user agreement controls all purchase and can be viewed here.
As refunds are processed by sellers they will be refunded instantly to all involved parties. Refunds are processed at the discretion of the seller of each content collection.
All sales transactions happen directly between content sellers and content buyers. DailyDigital facilities this transaction, but is not the receiving party of payment for the content sold by one seller to another buyer. Consequently, DailyDigital cannot be held liable for the quality, content or value of any content sold using the DailyDigital system.
All content is hosted by each users hosting provider. It is uploaded to and deliver from this hosting. DailyDigital in no way stores or powers the bandwidth delivery required to service your content to your audience.
DailyDigital hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Website, including but not limited to contents (defined below), without DailyDigital's prior written authorization. You agree not to alter or modify any part of the Website, including but not limited to DailyDigital's Storefronts or any of its related technologies. You agree not to access contents (defined below) or DailyDigital Content through any technology or means other than the stream viewer pages of the Website itself, the DailyDigital Storefronts, or other explicitly authorized means DailyDigital may designate. You agree not to use the Website, including the DailyDigital Storefronts for any commercial use, without the prior written authorization of DailyDigital. Prohibited commercial uses include any of the following actions taken without DailyDigital's express approval: sale of access to the Website or its related services (such as the Storefronts) on another website; use of the Website or its related services (such as the Storefronts), for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on the DailyDigital website or any third-party website, targeted to the content of specific contents or DailyDigital content; and any use of the Website or its related services (such as the Storefronts) that DailyDigital finds, in its sole discretion, to use DailyDigital's resources or contents with the effect of competing with or displacing the market for DailyDigital, DailyDigital content, or its contents.
Prohibited commercial uses do not include:
If you use the DailyDigital Storefronts, you agree that it may automatically download and install updates from time to time from DailyDigital. These updates are designed to improve, enhance and further develop the Storefronts and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit DailyDigital to deliver these to you) as part of your use of the Storefronts.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the DailyDigital servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DailyDigital grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. DailyDigital reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their contents.
In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, DailyDigital Community Guidelines, and all applicable local, national, and international laws and regulations. DailyDigital reserves the right to discontinue any aspect of the DailyDigital Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the DailyDigital Website.
The content on the DailyDigital Website, except all contents (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to DailyDigital, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DailyDigital reserves all rights not expressly granted in and to the Website and the Content.
You may access streams for your information and personal use solely as intended through the provided functionality of the DailyDigital Website. You shall not copy or download any content unless you see a “ownload”or similar link displayed by DailyDigital on the DailyDigital Website for that content.
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the DailyDigital Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the DailyDigital Website or otherwise as prohibited under this Agreement.
You may access DailyDigital Content, contents and other content only as permitted under this Agreement. DailyDigital reserves all rights not expressly granted in and to the DailyDigital Content and the DailyDigital Website. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of contents of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the DailyDigital Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DailyDigital Website or the Content therein.
You understand that when using the DailyDigital Website, you will be exposed to contents from a variety of sources, and that DailyDigital is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such contents. You further understand and acknowledge that you may be exposed to contents that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DailyDigital with respect thereto, and agree to indemnify and hold DailyDigital, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
As a DailyDigital "Stream Creator" or "Stream Contributor" account holder you may submit video, audio, text, image, action content. These content and User Comments are collectively referred to as "contents." You understand that whether or not such contents are published as "shareable", DailyDigital does not guarantee any confidentiality with respect to any contents. You shall be solely responsible for your own contents and the consequences of posting or publishing them. In connection with contents, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize DailyDigital to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all contents to enable inclusion and use of the contents in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your contents. However, by submitting contents to DailyDigital, you hereby grant DailyDigital a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the contents in connection with the DailyDigital Website and DailyDigital's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the DailyDigital Website (and derivative works thereof) in any content formats and through any streams. You also hereby grant each "approved user/stream subscriber of the DailyDigital Website a non-exclusive license to access your contents through the Website, Storefronts or other DailyDigital applicaiton and to use, reproduce, distribute, display and perform such contents as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you will terminate within a commercially reasonable time after you remove or delete your contents from the DailyDigital Website. You understand and agree, however, that DailyDigital may retain, but not display, distribute, or perform, server copies of contents that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with contents, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DailyDigital all of the license rights granted herein. You further agree that you will not, in connection with contents, submit material that is contrary to the DailyDigital Community Guidelines, found at http://www.DailyDigital.me/communityguidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
DailyDigital does not endorse any content or any opinion, recommendation, or advice expressed therein, and DailyDigital expressly disclaims any and all liability in connection with contents. DailyDigital does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DailyDigital will remove all Content and contents if properly notified that such Content or content infringes on another's intellectual property rights. DailyDigital reserves the right to remove Content and contents without prior notice.
DailyDigital will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
DailyDigital reserves the right to decide whether Content or a content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. DailyDigital may remove such contents and/or terminate a User's access for uploading such content in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
If you are a copyright owner or an agent thereof and believe that any content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. DailyDigital's designated Copyright Agent to receive notifications of claimed infringement is: Heather Gillette, 901 Cherry Ave., San Bruno, CA 94066, email: opyright@DailyDigital.me, fax: 650-872-8513. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to DailyDigital customer service through http://www.dailydigital.me/support/DailyDigital. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, DailyDigital may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DailyDigital's sole discretion.
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IN NO EVENT SHALL DailyDigital, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DailyDigital WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DailyDigital SHALL NOT BE LIABLE FOR CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by DailyDigital from its facilities in the United States of America. DailyDigital makes no representations that the DailyDigital Website is appropriate or available for use in other locations. Those who access or use the DailyDigital Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless DailyDigital, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the DailyDigital Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your contents caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the DailyDigital Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the DailyDigital Website is not intended for children under 13. If you are under 13 years of age, then please do not use the DailyDigital Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DailyDigital without restriction.
You agree that: (i) the DailyDigital Website shall be deemed solely based in Illinois; and (ii) the DailyDigital Website shall be deemed a passive website that does not give rise to personal jurisdiction over DailyDigital, either specific or general, in jurisdictions other than Illinois. These Terms of Service shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and DailyDigital that arises in whole or in part from your use of the DailyDigital Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, Illinois. These Terms of Service, together with the Privacy Notice at http://www.DailyDigital.com/privacy and any other legal notices published by DailyDigital on the Website, shall constitute the entire agreement between you and DailyDigital concerning the DailyDigital Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DailyDigital's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. DailyDigital reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the DailyDigital Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DailyDigital AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DailyDigital WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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