PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law.
1. Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the Checkyoudaily.com domain name, the "CYD Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"), (2 )CYD's privacy notice, found at www.checkyoudaily.com/privacy and incorporated here by reference, and (3) CYD’s Community Rules, found at http://www.checkyoudaily.com/ rules and also incorporated here by reference. If you do not agree to any of these terms, the CHECK|YOUdaily privacy notice, or the Community Rules, please do not use the CHECK|YOUdaily Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://www.checkyoudaily.com/terms). CHECK|YOUdaily may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. CHECK|YOUdaily Website ("CYD Website")
A. These Terms of Use apply to all users of the CYD Website, including users who are also contributors of photographic content, information, and other materials or services on the Website. The CYD Website includes all aspects of CHECK|YOUdaily, including but not limited to all products, software and services offered via the website including applications.
B. The CYD Website may contain links to third party websites that are not owned or controlled by CHECK|YOUdaily CHECK|YOUdaily has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CHECK|YOUdaily will not and cannot censor or edit the content of any third-party site. By using the CHECK|YOUdaily you expressly relieve CHECK|YOUdaily from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the CHECK|YOUdaily Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. CHECK|YOUdaily Accounts
A. In order to access some features of the CYD Website, you will have to create a CHECK|YOUdaily account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CHECK|YOUdaily immediately of any breach of security or unauthorized use of your account.
B. Although Y CHECK|YOUdaily will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CHECK|YOUdaily or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
CHECK|YOUdaily hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Generated Content (defined below), without CHECK|YOUdaily 's prior written authorization.
B. You agree not to alter or modify any part of the Website
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the CHECK|YOUdaily servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, CHECK|YOUdaily grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. CHECK|YOUdaily reserves the right to
revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Generated Content.
D. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, CHECK|YOUdaily Community Rules, and all applicable local, national, and international laws and regulations.
E. CHECK|YOUdaily reserves the right to discontinue any aspect of the CYD Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the CHECK|YOUdaily Website.
A. The content on the CYD Website, except all User Generated Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, images, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CHECK|YOUdaily, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CHECK|YOUdaily reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Generated Content solely:
- for your information and personal use; and
- as intended through the normal functionality of the CHECK|YOUdaily Service
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the CHECK|YOUdaily Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the CHECK|YOUdaily Service or otherwise as prohibited under this Agreement.
D. You may access CHECK|YOUdaily Content, User Generated Content and other content only as permitted under this Agreement. CHECK|YOUdaily reserves all rights not expressly granted in and to the CHECK|YOUdaily Content and the CHECK|YOUdaily Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Generated Content of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the CYD Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the CYD Website or the Content therein.
G. You understand that when using the CYD Website, you will be exposed to User Generated Content from a variety of sources, and that CHECK|YOUdaily is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CHECK|YOUdaily, with respect thereto, and agree to indemnify and hold CHECK|YOUdaily, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Generated Content and Conduct
A. As a CHECK|YOUdaily account holder you may submit photographic content ("User Looks") and textual content ("User Comments"). User Looks and User Comments are collectively referred to as "User Generated Content." You understand that whether or not such User Generated Content are published, CHECK|YOUdaily does not guarantee any confidentiality with respect to any User Generated Content.
CHECK|YOUdaily does not, and you agree that CHECK|YOUdaily has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on bulletin boards, chat rooms, community pages or other forums on this website) (collectively, "User Generated Content"), that CHECK|YOUdaily is not in any manner responsible for User Generated Content, that CHECK|YOUdaily does not guarantee the accuracy, integrity or quality of User Generated Content, and that CHECK|YOUDAILY cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, CHECK|YOUDAILY is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of CHECK|YOUdaily or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that CHECK|YOUDAILY has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, CHECK|YOUdaily reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify CHECK|YOUDAILY in writing of any objectionable content appearing on the Website. CHECK|YOUdaily will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever. Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk. A. You may not post or otherwise distribute content to the website which CHECK|YOUDAILY in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of CHECK|YOUDAILY or another party, illegal, or otherwise objectionable to CHECK|YOUDAILY . You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to this website
B. You shall be solely responsible for your own User Generated Content and the consequences of posting or publishing them. In connection with User Generated Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize CHECK|YOUdaily to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the Website and these Terms of Use.
C. For clarity, you retain all of your ownership rights in your User Generated Content. However, by submitting User Generated Content to CHECK|YOUdaily , you hereby grant CHECK|YOUdaily a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the CYD Website and CHECK|YOUdaily 's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the CYD Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the CYD Website a non-exclusive license to access your User Generated Content through the Website, and to use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Looks terminate within a commercially reasonable time after you remove or delete your User Looks from the CHECK|YOUdaily Service. You understand and agree, however, that CHECK|YOUdaily may retain, but not display, distribute, or perform, server copies of User Generated Content that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Generated Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CHECK|YOUdaily all of the license rights granted herein.
E. You further agree that you will not, in connection with User Generated Content, submit material that is contrary to the CHECK|YOUdaily Community Rules:
Be Constructive.
Post only constructive comments and questions.
Be Courteous.
Flaming and insults are prohibited. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.
Be Private. Do not post personal information, including your email address, IM address, or phone number. Do not solicit personally identifiable information from other Registrants or Website users.
Be Personal.
User Generated Content is not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever. Do not post any content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."
Be Yourself.
Do not impersonate anyone else.
Be True.
Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities;
Be Legal.
Do not post any content that violates any applicable local, state, national, or international law. Do not post any content, or take any action, that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to interfere with or disrupt the Website or services connected to the Website.
Which can also be found at http://www.checkyoudaily.com/rules, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. CHECK|YOUdaily does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CHECK|YOUdaily expressly disclaims any and all liability in connection with User Generated Content. CHECK|YOUdaily does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and CHECK|YOUdaily will remove all Content and User Generated Content if properly notified that such Content or User Submission infringes on another's intellectual property rights. CHECK|YOUdaily reserves the right to remove Content and User Generated Content without prior notice.
7. Account Termination Policy
A. CHECK|YOUdaily will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. CHECK|YOUdaily reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. CHECK|YOUdaily may remove such User Generated Content and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written 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; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon CHECK|YOUDAILY actual
knowledge of facts or circumstances from which infringing material or acts are evident. CHECK|YOUDAILY 's copyright agent for notice of claims of copyright infringement can be reached as follows: Name: Legal Department (Copyright) legal@checkyoudaily.com We suggest that you consult your legal advisor before filing a notice with CHECK|YOUDAILY 's copyright agent. You should note that there can be penalties for false claims under the DMCA. CHECK|YOUDAILY may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE CHECK|YOUDAILY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CHECK|YOUDAILY , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CHECK|YOUDAILY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 CHECK|YOUDAILY WEBSITE. CHECK|YOUDAILY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CHECK|YOUDAILY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHECK|YOUDAILY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL CHECK|YOUDAILY , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHECK|YOUDAILY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CHECK|YOUDAILY SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by CHECK|YOUdaily from its facilities in the United States of America. CHECK|YOUdaily makes no representations that the CHECK|YOUdaily Website is appropriate or available for use in other locations. Those who access or use the CYD Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless CHECK|YOUdaily , its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the CHECK|YOUdaily Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the CHECK|YOUdaily Website.
12. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the CHECK|YOUdaily Website is not intended for children under 13. If you are under 13 years of age, then please do not use the CHECK|YOUdaily Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
13. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CHECK|YOUdaily without restriction.
14. General
You agree that: (i) the CHECK|YOUdaily Website shall be deemed solely based in California; and (ii) the CHECK|YOUdaily Website shall be deemed a passive website that does not give rise to personal jurisdiction over CHECK|YOUdaily , either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and CHECK|YOUdaily that arises in whole or in part from the CYD Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California. These Terms of Use, together with the Privacy Notice at http://www.checkyoudaily.com/privacy and any other legal notices published by CHECK|YOUdaily on the Website, shall constitute the entire agreement between you and CHECK|YOUdaily concerning the CHECK|YOUdaily Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and CHECK|YOUdaily 's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. CHECK|YOUdaily reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the CHECK|YOUdaily Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND CHECK|YOUDAILY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CHECK|YOUDAILY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.