Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Digital Daily Mail, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your digitaldailymail.com Account and Site. If
you createa blog/site on the Website, you are responsible for maintaining thesecurity of your account and blog, and you are fully responsible for allactivities that occur under the account and any other actions taken inconnection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Digital Daily Mail may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Digital Daily Mail liability. You must immediately notify Digital Daily Mail of any unauthorizeduses of your blog, your account or any other breaches of security. Digital Daily Mail will not be liable for any acts or omissionsby You, including any damages of any kind incurred as a result ofsuch acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Digital Daily Mail or otherwise. By submitting Content to Digital Daily Mail for inclusion on your Website, you grant Digital Daily Mail a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Digital Daily Mail will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Digital Daily Mail has the right (though not the obligation) to, in Digital Daily Mail’s sole discretion (i) refuse or remove any content that, in Digital Daily Mail’s reasonable opinion, violates any Digital Daily Mail policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Digital Daily Mail’s sole discretion. Digital Daily Mail will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Digital Daily
Mail theone-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you signup for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Digital Daily Mail before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or
other payment mechanismwe have on record for you. Upgrades can be canceled at anytime by submitting your request to Digital Daily Mail in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Digital Daily Mail the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Digital Daily Mail reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Digital Daily Mail.
- Support. If your service includes access
to priorityemail support. “Email support” means the ability to make requestsfor technical support assistance by email at any time ( with reasonableefforts by Digital Daily Mail to respond within two business) concerning the use of the VIP Services. “Priority” means day that supporttakes priority over support for users of the standard or free digitaldailymail.com services. All support will be provided in accordancewith Digital Daily Mail standard services practices, procedures andpolicies.
- Responsibility of Website Visitors. Digital Daily Mail has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot
responsible for that material’s content, use or effects. thereforebe By operatingthe Website, Digital Daily Mail does not represent or imply thatit endorses the material there posted, or that it believes such materialto be accurate, useful or non-harmful. You are responsible for takingprecautions as necessary to protect yourself and your computer systemsfrom viruses, worms, Trojan horses, and other harmful or destructivecontent. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technicalinaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity or infringes the intellectual property and other rights, proprietary rights, of third parties, or the downloading, copying or use of which is subjectto additional terms and conditions, stated or unstated. Digital Daily Mail disclaims any responsibility for any harm resulting from the useby visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have
not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which digitaldailymail.com links, and that link to digitaldailymail.com. Digital Daily Mail does not have any control over those non-Digital Daily Mail websites and webpages,and is not responsible for their contentsor their use. By linking to a non-Digital Daily Mail website or webpage, Digital Daily Mail does not represent or imply that it endorsessuch website or webpage. You are responsible for taking precautionsas necessary to protect yourself and your computer systems fromviruses, worms, Trojan horses, and other harmful or destructive content. Digital Daily Mail disclaims any responsibility for any harm resultingfrom your use of non-Digital Daily Mail websites and webpages.
- Copyright Infringement and DMCA Policy. As Digital Daily Mail asks others to respect its intellectual property rights,
it respectsthe intellectual property rights of others. If you believe that materiallocated on or linked to by digitaldailymail.com violates your copyright, you are encouraged to notify Digital Daily Mail in accordance withDigital Daily Mail’s Digital Millennium Copyright Act (“DMCA”) Policy. Digital Daily Mail will respond to all such notices, including asrequired or appropriate by removing the infringing material or disablingall links to the infringing material. Digital Daily Mail will terminatea visitor’s access to and use of the Website if, under appropriatecircumstances, the visitor is determined to be a repeat infringerof the copyrights or other intellectual property rights of Digital Daily Mail or others. In the case of such termination, Digital Daily Mail will have no obligation to provide a refund of any amounts previouslypaid to Digital Daily Mail.
- Intellectual Property. This Agreement does
not transferfrom Digital Daily Mail to you any Digital Daily Mail or third partyintellectual property, and all right, title and interest in and to suchproperty will remain (as between the parties) solely with Digital Daily Mail. Digital Daily Mail, digitaldailymail.com, the digitaldailymail.com logo, and all other trademarks, service marks, graphics and logos used in connection with digitaldailymail.com, or the Website are trademarks or registered trademarks of Digital Daily Mail or Digital Daily Mail’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarksof other third parties. Your use of the Website grants you no rightor license to reproduce or otherwise use any Digital Daily Mail orthird-party trademarks.
- Advertisements. Digital Daily Mail reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Digital Daily Mail reserves the
right todisplay attribution links such as ‘Blog at digitaldailymail.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s
terms ofservice. You can opt outof their terms of service at any time by de-activatingthe partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name,
you acknowledgeand agree that use of the domain name is also subject to the policiesof the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Digital Daily Mail reserves the right,
at itssole discretion, to modify or replace any part of this Agreement. It isyour responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the postingof any changes to this Agreement constitutes acceptance of those changes. Digital Daily Mail may also, in the future, offer new services and/or features through the Website (including, the release of new toolsand resources). Such new features and/or services shall be subject tothe terms and conditions of this Agreement.
- Termination. Digital Daily Mail may terminate
your accessto all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminatethis Agreement or your digitaldailymail.com account (if you haveone), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Digital Daily Mail if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Digital Daily Mail’s notice to you thereof; provided that, Digital Daily Mail can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their natureshould survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Digital Daily Mail and its suppliers
and licensorshereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Digital Daily Mail nor its suppliers and licensors,makes any warrantythat the Website will be error freeor that access thereto will becontinuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretionand risk.
- Limitation of Liability. In no event will Digital Daily Mail, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Digital Daily Mail under this agreement during the twelve (12) month period prior to the cause of action. Digital Daily Mail shall have no liability for any failure or delay
due tomatters beyond their reasonable control. The foregoing shall not applyto the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Digital Daily Mail, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Digital Daily Mail and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Digital Daily Mail, or by the posting by Digital Daily Mail of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the 1036 N Dearborn, Atp 214, Chicago, IL 60611, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Chicago. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in , in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Digital Daily Mail may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Digital Daily Mail,
1036 N Dearborn, Atp 214,
Chicago, IL 60611,
Contact No.: +1 (773) 654-0355