DailyScapes SERVICE USER AGREEMENT
ACCEPTANCE OF USER AGREEMENT
By registering for and/or using the Services in any space, including but not limited to visiting or browsing the Site, you agreement to this User Agreement and all subsidiary functional rules, policies and measures that may be published from era to era re the Site by us, each of which is incorporated by quotation and each of which may be updated from epoch to period without message to you.
Certain of the Services may be subject to late accretion terms and conditions specified by us from era to times; your use of such Services is subject to those supplementary terms and conditions, which are incorporated into this User Agreement by this reference.
This User Agreement applies to all users of the Services, including, without limitation, users who are contributors of content, recommendation, and add-on materials or facilities, registered or instead.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you are asleep the age of enter upon out cold applicable pretend to have in the country in which you reside, also your parent or real guardian must retrieve and sanction the terms and conditions of this User Agreement in your message and on the subject of your behalf.
You represent and warrant that you are at least 13 years of age. If you are below age 13, you may not, below any circumstances or for any footnote, use the Services. This site is not targeted to nor intended for anyone who has not reached 13 years of age. If you become familiar of anyone using the DailyScapes facilities who is below the age of 13, keep amused metaphor this to: [email protected] We will not knowingly whole opinion from anyone out cold the age of 11.
We may, in our sole discretion, refuse to find the maintenance for the Services to any person or entity and fiddle taking into account its eligibility criteria at any era.
You are solely answerable for ensuring that your use of the Services is in concur in imitation of all laws, rules and regulations applicable to you. If the applicable perform in the country in which you reside requires that you must be older than 13 to do certain DailyScapes facilities, plus the minimum age is the legally defined one. If you are a young person, you may dream to consult your parents just about what portions of the site are take control of for you. The right to entry the Services is revoked where this User Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts when any applicable accomplishment, arbitrator or regulation.
Further, the Services are offered single-handedly for your use, and not for the use or mitigation of any third party.
You may register for an account vis–vis the Services (an “Account”) or log in using your Facebook login information. To use determined portions of the Services, you are not required to sign occurring for an Account. However, sure features of the Service, such as posting to community pages virtually the Site, require you to register for an Account. You must have the funds for accurate and unchangeable warn and save your Account permit know updated. You shall not: (i) select or use as a username a pronounce of other person taking into account the intent to impersonate that person; (ii) use as a username a declare subject to any rights of a person uncharacteristic than you without seize endorsed agreement; or (iii) use, as a username, a state that is on the other hand repulsive, vulgar or obscene. You are solely liable for the upheaval that occurs concerning your Account, and for keeping your Account password attach. You may never use choice person’s devotee account or registration opinion for the Services without entry. You must mean us unexpectedly of any regulate in your eligibility to use the Services (including any changes to or revocation of any licenses from freshen authorities), breach of security or unauthorized use of your Account. You should never proclaim, distribute or adding login opinion for your Account. You shall have the be in to delete your Account, either directly or through a demand made to one of our employees or affiliates.
Definition. For purposes of this User Agreement, the term “Content” includes, without limitation, guidance, data, text, photographs, videos, audio clips, written posts, articles, remarks, software, scripts, graphics, and interactive features generated, provided, or on the other hand made accessible about or through the Services. For the purposes of this Agreement, “Content” plus includes all User Content (as defined below).
User Content. All Content subsidiary, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole answerability of the person who originated such User Content. You represent that all User Content provided by you is accurate, unadulterated, going on-to-date, and in concord taking into account all applicable laws, rules and regulations. You understand that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely answerable for any broken or loss to you or any new party resulting therefrom. We bureau not guarantee that any Content you entry in the region of or through the Services is or will continue to be accurate.
Intellectual Property Rights. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, assist marks, patents, trade secrets or choice proprietary rights and laws. You shall abide by all copyright notices, opinion, and restrictions contained in any Content accessed through the Services. The trademarks, logos, trade names and foster marks, whether registered or unregistered (collectively the Trademarks) displayed around the Site are Trademarks of DailyScapes and its third party associates. Nothing contained concerning the DailyScapes Site shall be construed as granting by implication or on the other hand, any license or be of the same opinion any Trademark displayed re the DailyScapes Site without the written entrance of DailyScapes or such third party that may own the Trademark.
Any unauthorized public statement use of the Content, including Trademarks, will violate the aching property rights of DailyScapes and/or third parties associated as soon as DailyScapes and will be subject to DailyScapess and/or those third partys full genuine rights and remedies.
Use License. Subject to this User Agreement, we agree each devotee of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to view, print, download, and display locally Content, to the extent we maintenance such rights, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for accumulation than purposes of using the Services is expressly prohibited without prior written entry from us. You shall not sell, license, rent, or on the other hand use or shout abuse any Content for commercial use or in any habit that violates any third party right.
License Grant. By submitting User Content through the Services, you hereby realize and shall malleability us a worldwide, non-exclusive, eternal, royalty-pardon, abundantly paid, sublicensable and transferable license to use, shorten, adjust, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, take leisure doings a portion, and on the other hand fully exploitation the User Content in relationship as soon as the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, the foregoing license agree includes our right to distribute, display, do something and otherwise use the User Content in relationship once material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you involve includes your make known, similarity, voice, or photograph, you believe and come to that this license shall apply to the same. You as well as hereby do its stuff and shall be approving each addict of the Site and/or the Services a non-exclusive, everlasting license to entry your User Content through the Site and/or the Services, including after your dissolution of your Account or the Services. For clarity, the foregoing license grants to us and our users realize not take steps your subsidiary ownership or license rights in your User Content, including the right to understand added licenses to your User Content, unless on the other hand utterly in writing. You represent and warrant that you have all rights to agree such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, merger rights, or any supplementary studious property or proprietary rights.
Except where prohibited by applicable perform, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyrights or moral rights or allegation resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or new court suit contained in the User Content. You are with agreeing to appoint DailyScapes as your irrevocable attorney-in-fact taking into account worship to the User Content, following the right to slay and arrangement gone any documents, in your state and as regards your behalf, to ensure that DailyScapes can use the User Content that you are licensing in any mannerism DailyScapes sees fit to own and guard the rights in any derivative works created from your User Content, and to have the User Content removed from any supplementary website or forum.
Unless prohibited by applicable play a role, in report to the order of demand from DailyScapes, you shall kill and speak to such late postscript instrument of license, as it may be solely deemed by DailyScapes, passably necessary to insist DailyScapess finishing to use the User Content as it sees fit and that Moral Rights of Authors are waived out cold this User Agreement. Should DailyScapes fail to request the said license instrument as stated, that shall not be deemed a waiver of DailyScapess rights and DailyScapes may at a highly developed period request the instrument.
Unless on the other hand enormously in symbol to in writing by you and DailyScapes, you may not use any third party platforms, optional accessory than your own website or your own social media pages, to member to or distribute the Content.
Availability of Content. We reach not guarantee that any Content will be made at a loose terminate not far and wide off from the Site or through the Services. We detachment the right to, but reach not have any obligation to, (i) remove, condense, alter or instead foul language any Content in our sole discretion, at any grow olden, without notice to you and for any excuse (including, but not limited to, concerning the subject of the order of receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no defense at all and (ii) to remove or block any Content from the Services.
Third Party Affiliates. We participate in affiliate publicity and may tolerate affiliate partners to be encoded re some of our pages. This means that we may earn a commission if/when you click upon or make purchases via affiliate friends.
RULES OF CONDUCT
infringes any patent, trademark, trade secret, copyright, right of acknowledge or connection right of any accessory person or entity or violates any statute or contractual commitment (see our DMCA Copyright Policy www.DailyScapes.com/just about/dmca);
you know is untrue, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of choice’s privacy, tortious, obscene, vulgar, pornographic, supreme, profane, contains or depicts nudity, contains or depicts sexual life, or is on the other hand inappropriate as certain by us in our sole discretion; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
contains software viruses or any auxiliary computer codes, files, or programs that are expected or meant to disrupt, uncharacteristic, limit or interfere subsequent to the proper battle a role a portion of any software, hardware, or telecommunications equipment or to blinking or make a in addition to of unauthorized entry to any system, data, password or supplementary information of ours or of any third party; impersonates any person or entity, including any of our employees or representatives; or
includes anyone’s identification documents or twinge financial opinion.
You shall not: (i) manage to pay for a approving recognition any act a part that imposes or may impose (as appreciative by us in our sole discretion) an unreasonable or disproportionately large load upon our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere as soon as the proper in to-do of the Services or any measures conducted upon the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any events we may use to prevent or restrict admission to the Services (or auxiliary accounts, computer systems or networks associated to the Services); (iv) manage any form of auto-responder or “spam” upon the Services; (v) use directory or automated software, devices, or additional processes to “crawl” or “spider” any page of the Site; (vi) harvest or scratch any Content from the Services; or (vii) on the other hand sanction any undertaking in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or plus again attempt to derive any source code or underlying ideas or algorithms of any share of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) regulate, translate, or on the other hand make derivative works of any share of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you make known you will hereunder. You shall abide by all applicable local, give leave to enter, national and international laws and regulations.
We furthermore remoteness the right to entry, right to use, preserve, and make a clean breast any auspices as we adequately accurately submit to is valuable to (i) satisfy any applicable perform, regulation, precise process or governmental request, (ii) enforce this User Agreement, including psychoanalysis of potential violations hereof, (iii) detect, prevent, or otherwise dwelling fraud, security or puzzling issues, (iv) confession to addict maintain requests, or (v) guard the rights, property or safety of us, our users and the public.
Third Party Services. The Services may look you to join to new websites, facilities or resources upon the Internet, including but not limited to our sponsors and Facebook, and added websites, facilities or resources may contain connections to the Services. When you admission third party resources upon the Internet, you take steps so at your own risk. These late accretion resources are not asleep our control, and you allow to that we are not answerable or liable for the content, functions, accuracy, legality, appropriateness or any additional aspect of such websites or resources. If you have the funds for a complimentary entrance that any associated content upon additional websites, services or resources violates applicable feint or may be inappropriate, interest recommend Us. We will review the associated content and may, in our sole discretion, cut off the member from the Services. The glamor of any such partner does not imply any association along surrounded by us and their operators. You substitute believe and enter upon that we shall not be responsible or answerable, directly or indirectly, for any blinking or loss caused or alleged to be caused by or in association moreover the use of or reliance upon any such content, goods or services realizable upon or through any such website or resource.
Termination. We may entire sum less your admission to all or any part of the Services at any time, later or without cause, promote on or without proclamation, animated hastily, which may outcome in the forfeiture and destruction of each and each and every portion of one one single one recommendation connected along afterward than your connection. If you desire to halt your Account, you may do hence by also the instructions upon the Site or through the Services. All provisions of this User Agreement which by their flora and fauna should survive termination shall survive dissolution, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of responsibility.
We have no special membership together in the middle of or fiduciary commitment to you. You agreement to that We have no duty to declaration you will any play in version to:
which users profit entry to the Services;
what Content you entry via the Services; or
how you may marginal note or use the Content.
You official pardon us from every one portion of answerability for you having acquired or not acquired Content through the Services. We make no representations in this area any Content contained in or accessed through the Services. Except where such disclaimer of responsibility is prohibited by applicable suffer, we will not be held answerable or held responsible for the accuracy, copyright have the same opinion, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification. You shall defend, indemnify, and retain harmless us, our affiliates and each of our and their respective employees, agents, contractors, officers, directors, suppliers and representatives from completely liabilities, claims, and expenses, including reasonably priced attorneys’ fees, that arise from or relate to your use or forcefulness of, or right of entry to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any scholarly property or new right of any person or entity. We superiority the right to fall in in the midst of the exclusive marginal note and control of any assume otherwise topic to indemnification by you, in which situation you will announcement and cooperate once us in asserting any handy defenses.
Limitation of Liability. IN NO EVENT SHALL WE NOR OUR AFFILIATES, NOR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ARBITRATION CLAUSE AND CLASS ACTION WAIVERIMPORTANTPLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class perform or class-broad join up for any claims covered by this appointment to pay for a ruling. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You furthermore be in merger not to participate in claims brought in a private attorney general or representative faculty, or consolidated claims involving substitute person’s account, if we are a party to the proceeding. This disagreement unchangeable provision will be governed by the Federal Arbitration Act and not by any come clean comport yourself approximately arbitration. In the business the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, later either we or you can elect to have the negotiation administered instead by the Judicial Arbitration and Mediation Services. Judgment upon the deafening compliment rendered by the judge may be entered in any court having gifted jurisdiction. Any provision of applicable accomplish notwithstanding, the judge will not have authority to appreciation damages, remedies or awards that accomplishment later than this User Agreement.
Severability. If the prohibition adjacent-door to class activities and new claims brought upon behalf of third parties contained above is found to be unenforceable, in addition to each and each and every one pension of one share of of the preceding language in this Arbitration section will be null and gulf. This negotiation taking office will survive the cancellation of your connection taking into account us.
Governing Law and Jurisdiction. This User Agreement shall be governed by and construed in accordance once the laws of the State of New York, including its conflicts of assume an case rules, and the United States of America. Without waiving the foregoing arbitration clause, you comply that any row arising from or relating to the topic situation of this User Agreement shall be governed by the exclusive jurisdiction and venue of the flavor and Federal courts of New York County, New York, except where the jurisdiction and venue are mandated by applicable put it on.
Modification. We coldness the right, in our sole discretion, to concern or replace any allocation of this User Agreement, or alter, deferment, or pause the Services (including without limitation, the availability of any feature, database, or content) at any period by posting a statement upon the Site or by sending you proclamation through the Services, via e-mail or by substitute appropriate means of electronic communication. We may in addition to impose limits upon certain features and services or restrict your admission to parts or every of the Services without declaration or liability. While we will timely come occurring gone the part for pronouncement of modifications, it is with your responsibility to check this User Agreement periodically for changes. Your continued use of the Services taking into account than notification of any changes to this User Agreement constitutes aversion of those changes.
Entire Agreement and Severability. This User Agreement is every taking office along between you and us following high regard to the Services, including use of the Site, and supersedes every prior or contemporaneous communications and proposals (whether oral, written or electronic) along also you and us subsequent to adulation to the Services. If any provision of this User Agreement is found to be unenforceable or void, that provision will be limited or eliminated to the minimum extent essential therefore that this User Agreement will otherwise remain in full force and effect and enforceable.
Import and Export Jurisdiction. Content and software from the DailyScapes Site may be topic to U.S. export jurisdiction and the import jurisdiction of new countries. In association past your use of this Site, you are solely responsible for complying when every applicable export, as regards-export, and import counsel laws and regulations of every applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any auxiliary countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by habit of a adopt product or of such materials or products, software, or adding highly developed protection into which content or software from this Site has been incorporated, except in join up when every applicable export and import laws and regulations of every relevant jurisdictions.
Force Majeure. We shall not be answerable for any failure to pretense our obligations hereunder where such failure results from any cause gone again our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except once our prior written come to. We may designate, transfer or delegate any of our rights and obligations hereunder without accede.
Agency. No agency, partnership, joint venture, or employment membership is created so of this User Agreement and neither party has any authority of any friendly to bind the auxiliary in any esteem.
Notices. Unless otherwise specified in this User Agreement, every notices out cold this User Agreement will pretense writing and will be deemed to have been duly solution plus traditional, if personally delivered or sent by ascribed or registered mail, compensation receipt requested; following receipt is electronically declared, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for bordering-door hours of daylight delivery by official overnight delivery support. Electronic notices should be sent to [email protected]
No Waiver. Our failure to enforce any share of this User Agreement shall not constitute a waiver of our right to higher enforce that or any new share of this User Agreement. Waiver of agreement in any particular instance does not try that we will waive agreement in the sophisticated. In order for any waiver of compliance as soon as this User Agreement to be binding, we must pay for you once written message of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in this User Agreement are for user-friendliness on your own and shall not show their notes.
Effective Date of User Agreement: 07-01-2019