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DailyLit Terms and Conditions

PLEASE READ THE FOLLOWING CAREFULLY

By using the DailyLit.com web site and/or e-mail, RSS services, or mobile application ("DailyLit"), provided by DailyLit, LLC, including its officers, directors, employees, parents, affiliates, successors or assigns ("DailyLit, LLC"), you are agreeing to be bound by the following terms and conditions ("Terms") and the Privacy Policy.

USER CONDUCT

  1. Gifts may not be given to children under the age of 13 unless they are given by one of the child's parents or guardians, or with the specific consent of one of the child’s parents or guardians.
  2. DailyLit is for personal use only.
  3. You must not modify, adapt or hack DailyLit.com (or e-mails sent by DailyLit) or create or modify another website so as to falsely imply that it or e-mails sent by it are associated with DailyLit.
  4. You must not attempt to gain access to or retrieve information from DailyLit other than through the user interface provided by DailyLit.com or e-mails sent to you by DailyLit.
  5. You must not, in the use of DailyLit, intentionally or unintentionally violate any applicable local, state, national or international law.

If you choose to participate in the community aspects of DailyLit, such as the forums, you furthermore agree to the following:

  1. You must not upload or post any content that is unlawful, harmful, threatening, abusive, harrassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  2. You must not upload or post any content that violates any copyright and/or other intellectual property right.
  3. You must not impersonate other users or DailyLit, LLC staff.
  4. You must not "spam" any part of DailyLit with commercial solicitations.
  5. You must not upload or post any personal information about yourself or others, including home addresses, home telephone numbers, credit card numbers, social security numbers, or other government identification numbers.

Violation of any of these user conduct rules will result in the termination of all your DailyLit subscriptions and suspension of your profile.

GENERAL CONDITIONS

  • We reserve the right to modify or terminate DailyLit for any reason, without notice at any time.
  • We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you via e-mail and/or by temporarily placing a prominent notice on the DailyLit.com website. What constitutes a "material change" will be determined at our sole discretion, in good faith and reasonable judgment.
  • We reserve the right to refuse service to anyone or terminate anyone's service for any reason at any time.
  • We reserve the right to remove forum posts and other user uploaded content for any reason, without notice at any time.

LICENSE

By uploading or posting content to the community aspects of DailyLit, such as the forums, you grant a perpetual non-exclusive license to DailyLit, LLC to display the content on DailyLit, analyze and use the content in the conduct of DailyLit LLC's business, syndicate the content to other sites or services, excerpt the content, and use the content for promotional purposes.

DISCLAIMER OF WARRANTIES

DAILYLIT, INCLUDING BUT NOT LIMITED TO ITS WEBSITE AND ASSOCIATED SERVICES, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITATION OF THE FOREGOING, DAILYLIT LLC AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT ASSOCIATED WITH DAILYLIT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY DAILYLIT, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. DAILYLIT, LLC AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL DAILYLIT, LLC OR ITS LICENSORS (INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS), BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE DAILYLIT, EVEN IF ANY OF THE FOREGOING PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF DAILYLIT.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

COPYRIGHTS

All copyrights in and to DailyLit, including but not limited to the website, compilation of content, postings, subscription content (including Paid Content) not in the public domain, DailyLit software, or any parts of the aforementioned are owned by DailyLit, LLC and/or its suppliers, authors, publishers and/or licensors.

FOR COPYRIGHTED CONTENT AVAILABLE ON/THROUGH DAILYLIT UNDER A CREATIVE COMMONS OR OTHER LICENSE, YOU MUST ADHERE TO THE CONDITIONS SET FORTH IN THE RESPECTIVE LICENSE AS LINKED TO OR DISPLAYED BY DAILYLIT.

FOR COPYRIGHTED CONTENT AVAILABLE ON/THROUGH DAILYLIT FOR WHICH ALL RIGHTS ARE RESERVED, YOU MUST NOT REPRODUCE, FORWARD OR SHARE SUCH CONTENT WITH OTHERS (OTHER THAN PERMISSIBLE UNDER APPLICABLE COPYRIGHT LAW).

DUE TO CONSTRAINTS FROM CERTAIN PUBLISHERS, AUTHORS AND LICENSORS, INDIVIDUAL TITLES MAY BE AVAILABLE ONLY TO SUBSCRIBERS FROM CERTAIN TERRITORIES. YOU AGREE TO REGISTER FOR SUCH TITLES ONLY IF YOU RESIDE IN THE DESIGNATED TERRITORY.

FAILURE TO COMPLY WITH THESE TERMS MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DailyLit's Copyright Agent with all of the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

DailyLit's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows.

By mail:

Copyright Agent
c/o Plympton, Inc.
28 2nd Street, 3rd Floor
San Francisco, 94105

By email:

support [at] dailylit [dot] com

PROPRIETARY RIGHTS

The DailyLit logo and the names of all DailyLit products and/or services are either trademarks or service marks, or registered trademarks and/or service marks of DailyLit, LLC. DailyLit, LLC owns the design, format and layout of DailyLit.

APPLICABLE LAWS / JURISDICTION

You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of DailyLit may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with DailyLit or relating in any way to your use of DailyLit resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving DailyLit or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

PROVISIONS UNENFORCEABLE OR INVALID

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

ASSIGNMENT / NO JOINT VENTURE

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. DailyLit, LLC may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. DailyLit, LLC and you are independent entities, and nothing in these Terms, or via use of DailyLit, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between DailyLit, LLC and you.

AFFILIATE TERMS OF SERVICE

Any affiliate of DailyLit (“Affiliate”) agrees to the DailyLit Terms and Conditions as set forth above, including, but not limited to terms set forth in “General Conditions”, “License”, “Disclaimer of Warranties”, “Limitation of Liability”, “Copyrights”, “Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement”; “Applicable Laws/Jurisdiction”; and “Assignment/No Joint Venture”.

Without limiting the foregoing, the Affiliate hereby agrees that:

  • Any and all material, serializations, or technology sent, made accessible, or that includes any reference to the Affiliate (“Material”) shall be received “as is”, without warranty of any kind, either express or implied.
  • DailyLit shall have no liability associated with the Material.
  • Copyrights and all other rights to the Material are owned, as between Affiliate and DailyLit, by DailyLit.
  • DailyLit shall have the right to terminate any Affiliate for any reason at any time without notice.
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