This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section E contains certain changes to the general terms for users outside the United States.
Date of Last Revision: March 1, 2011.
(A) Statement of Rights and Responsibilities
You own all of the content and information you post on Dailygram, and you can control how it is shared through your privacy and application settings. We do our best to keep Dailygram safe, but we cannot guarantee it. In addition, by using Dailygram you agree to:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Dailygram. 2. You will not collect users' content or information, or otherwise access Dailygram, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Dailygram. 4. You will not upload viruses or other malicious code. 5. You will not solicit login information or access an account belonging to someone else. 6. You will not bully, intimidate, or harass any user. 7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. 8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions. 9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Dailygram without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws. 10. You will not use Dailygram to do anything unlawful, misleading, malicious, or discriminatory. 11. You will not do anything that could disable, overburden, or impair the proper working of Dailygram, such as a denial of service attack. 12. You will not post content or take any action on Dailygram that infringes or violates someone else's rights or otherwise violates the law. 13. We can remove any content or information you post on Dailygram if we believe that it violates this Statement. 14. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page. 15. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. 16. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. 17. You will not use our copyrights or trademarks (including Dailygram, the Dailygram Logo) without our written permission. 18. If you collect information from users, you will: obtain their consent, make it clear you (and not Dailygram) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. 19. You will not post anyone's identification documents or sensitive financial information on Dailygram. 20. You will not tag users or send email invitations to non-users without their consent. 21. You will not facilitate or encourage any violations of this Statement.
(B) Registration and Account Security
Dailygram users provide their real names and information. By using Dailygram you agree to:
1. You will not provide any false personal information on Dailygram, or create an account for anyone other than yourself without permission. 2. You will not create more than one personal profile. 3. If we disable your account, you will not create another one without our permission. 4. You will not use Dailygram if you are under 13. 6 .You will not use Dailygram if you are a convicted sex offender. 7. You will keep your contact information accurate and up-to-date. 8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. 9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission. 10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
(C) Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Dailygram to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
(D) Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Dailygram exclusively in a state or federal court located in Santa Rosa County. The laws of the State of Florida will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Rosa County, Florida for the purpose of litigating all such claims. 2. If anyone brings a claim against us related to your actions, content or information on Dailygram, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. 3. WE TRY TO KEEP DAILYGRAM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING DAILYGRAM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT DAILYGRAM WILL BE SAFE OR SECURE. DAILYGRAM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
(E) Special Provisions Applicable to Users Outside the United States
The following provisions apply to users outside the United States: 1. You consent to having your personal data transferred to and processed in the United States. 2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Dailygram (such as advertising or payments) or operate a Platform application or website.
(F) Definitions
1. By "Dailygram" we mean the features and services we make available, including through (a) our website at www.Dailygram.com and any other Dailygram branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the vote button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed. 2. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Dailygram or provide data to us. 3. By "information" we mean facts and other information about you, including actions you take. 4. By "content" we mean anything you post on Dailygram that would not be included in the definition of "information." 5. By "data" we mean content and information that third parties can retrieve from Dailygram or provide to Dailygram through Platform. 6. By "post" we mean post on Dailygram or otherwise make available to us (such as by using an application). 7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. 8. By "active registered user" we mean a user who has logged into Dailygram at least once in the previous 30 days. 9. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
(G) Other
1. This Statement makes up the entire agreement between the parties regarding Dailygram, and supersedes any prior agreements. 2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. 3. If we fail to enforce any of this Statement, it will not be considered a waiver. 4. Any amendment to or waiver of this Statement must be made in writing and signed by us. 5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 7. Nothing in this Statement shall prevent us from complying with the law. 8. This Statement does not confer any third party beneficiary rights. 9. You will comply with all applicable laws when using or accessing Dailygram.
Date of Last Revision: March 1, 2011.
(A) Statement of Rights and Responsibilities
You own all of the content and information you post on Dailygram, and you can control how it is shared through your privacy and application settings. We do our best to keep Dailygram safe, but we cannot guarantee it. In addition, by using Dailygram you agree to:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Dailygram. 2. You will not collect users' content or information, or otherwise access Dailygram, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Dailygram. 4. You will not upload viruses or other malicious code. 5. You will not solicit login information or access an account belonging to someone else. 6. You will not bully, intimidate, or harass any user. 7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. 8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions. 9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Dailygram without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws. 10. You will not use Dailygram to do anything unlawful, misleading, malicious, or discriminatory. 11. You will not do anything that could disable, overburden, or impair the proper working of Dailygram, such as a denial of service attack. 12. You will not post content or take any action on Dailygram that infringes or violates someone else's rights or otherwise violates the law. 13. We can remove any content or information you post on Dailygram if we believe that it violates this Statement. 14. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page. 15. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. 16. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. 17. You will not use our copyrights or trademarks (including Dailygram, the Dailygram Logo) without our written permission. 18. If you collect information from users, you will: obtain their consent, make it clear you (and not Dailygram) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. 19. You will not post anyone's identification documents or sensitive financial information on Dailygram. 20. You will not tag users or send email invitations to non-users without their consent. 21. You will not facilitate or encourage any violations of this Statement.
(B) Registration and Account Security
Dailygram users provide their real names and information. By using Dailygram you agree to:
1. You will not provide any false personal information on Dailygram, or create an account for anyone other than yourself without permission. 2. You will not create more than one personal profile. 3. If we disable your account, you will not create another one without our permission. 4. You will not use Dailygram if you are under 13. 6 .You will not use Dailygram if you are a convicted sex offender. 7. You will keep your contact information accurate and up-to-date. 8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. 9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission. 10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
(C) Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Dailygram to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
(D) Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Dailygram exclusively in a state or federal court located in Santa Rosa County. The laws of the State of Florida will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Rosa County, Florida for the purpose of litigating all such claims. 2. If anyone brings a claim against us related to your actions, content or information on Dailygram, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. 3. WE TRY TO KEEP DAILYGRAM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING DAILYGRAM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT DAILYGRAM WILL BE SAFE OR SECURE. DAILYGRAM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
(E) Special Provisions Applicable to Users Outside the United States
The following provisions apply to users outside the United States: 1. You consent to having your personal data transferred to and processed in the United States. 2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Dailygram (such as advertising or payments) or operate a Platform application or website.
(F) Definitions
1. By "Dailygram" we mean the features and services we make available, including through (a) our website at www.Dailygram.com and any other Dailygram branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the vote button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed. 2. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Dailygram or provide data to us. 3. By "information" we mean facts and other information about you, including actions you take. 4. By "content" we mean anything you post on Dailygram that would not be included in the definition of "information." 5. By "data" we mean content and information that third parties can retrieve from Dailygram or provide to Dailygram through Platform. 6. By "post" we mean post on Dailygram or otherwise make available to us (such as by using an application). 7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. 8. By "active registered user" we mean a user who has logged into Dailygram at least once in the previous 30 days. 9. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
(G) Other
1. This Statement makes up the entire agreement between the parties regarding Dailygram, and supersedes any prior agreements. 2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. 3. If we fail to enforce any of this Statement, it will not be considered a waiver. 4. Any amendment to or waiver of this Statement must be made in writing and signed by us. 5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 7. Nothing in this Statement shall prevent us from complying with the law. 8. This Statement does not confer any third party beneficiary rights. 9. You will comply with all applicable laws when using or accessing Dailygram.