TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF DAILEEZ SERVICES
Daileez is a service that allows Users to make his diaries and share them across the internet and create unique personal profiles online. The services offered by Daileez include the Site, content (including, without limitation, images and video) hosting and sharing on the Site and third party sites, applications and services including mobile services and content editors (collectively, the "Daileez Services").
Use of the Daileez Services and/or registration to be a Member for the Daileez Services ("Membership") is void where prohibited. By using the Daileez Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are 15 years of age or older; and (d) your use of the Daileez Services does not violate any applicable law or regulation.
5. PASSWORD AND SECURITY
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Daileez immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use Daileez Services. You may terminate your Membership at any time, for any reason, by following the instructions on the account options page. Daileez may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership and/or your use of the Daileez Services is terminated, this Agreement will remain in effect in its entirety.
Members are limited to one free account per person. Your Daileez account is solely for your own personal use and benefit. Notwithstanding the above, you acknowledge that Daileez reserves the right to charge for any portion of the Daileez Services and to change its fees (if any) from time to time in its discretion. If Daileez terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
8. COMMERCIAL USE
The Daileez Services are for the personal use of Users and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Daileez. Daileez reserves the right to remove commercial content in its sole discretion.
9. PROPRIETARY RIGHTS IN CONTENT ON DAILEEZ
Daileez does not claim any ownership rights in the text, files and images or any other materials (collectively, "Content") that you post on or through the Daileez Services. By displaying or publishing ("posting") any Content on or through the Daileez Services, you hereby grant to Daileez and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Daileez Services. Daileez and/or other Users may copy, print or display publicly available Content outside of the Daileez Services, including without limitation, via the Site or third party websites or applications. After you remove your Content from the Daileez Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the Daileez Website you change the Content’s privacy setting to "private," we will cease any further distribution of such "private" Content outside the Daileez Website as soon as practicable.
You represent and warrant that: (i) you own the Content posted by you on or through the Daileez Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Daileez Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Daileez Services.
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Daileez logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Materials") are the property of Daileez or its licensors or users and are protected by United States and international copyright laws.
Daileez performs technical functions necessary to offer the Daileez Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Daileez Services.
10. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Daileez, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Daileez Services. Daileez does not control the Content posted via the Daileez Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Daileez Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Daileez be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Daileez Services.
11. CONTENT/ACTIVITY PROHIBITED
You agree to not use the Daileez Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- harm minors in any way
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Daileez Service
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Daileez Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
- interfere with or disrupt the Daileez Services or servers or networks connected to the Daileez Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Daileez Services, including using any device, software or routine to bypass our robot exclusion headers
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act "stalk" or otherwise harass another
- and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above
12. DISCLAIMER OF WARRANTIES
THE SITE, THE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAILEEZ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES AND THE INFORMATION, CONTENT, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THE SITE.
DAILEEZ DOES NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT OR MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM DAILEEZ OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAILEEZ IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. DAILEEZ ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF ANY CONTENT YOU POST ON THE SITE.
13. LIMITATION ON LIABILITY
IN NO EVENT SHALL DAILEEZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE DAILEEZ SERVICES, EVEN IF DAILEEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DAILEEZ'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DAILEEZ FOR THE DAILEEZ SERVICES DURING THE TERM OF MEMBERSHIP.
15. PROTECTING COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
Daileez respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Daileez has the right to terminate the Membership of infringers.