Terms and Conditions ("Terms")
Last updated: October 15, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.daylightinteractive.com and the mobile application (the “Service”) operated by Daylight Interactive.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
ACCEPTANCE OF THE TERMS
Please note that these Terms include certain embedded hyperlinks that, depending on the device through which you are viewing it, may not be accessible. Therefore, you may need to visit the Site on your computer to access the hyperlinks. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify you and Daylight Interactive for violations of this Agreement. This Agreement does not alter in any way the terms or conditions of any other agreement you or any entity may have with Daylight Interactive or its affiliates.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information. We do this by processing an industry-standard authorization hold. We do not charge you in connection with this authorization hold. If your Payment Method reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
USE OF SERVICES
Age Limitations. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to subscribe for the Services or provide your personal information to Daylight Interactive. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may subscribe for the Services only if you have the consent of your parent or legal guardian, including consent to these Terms on your behalf.
Geographic Limitations. You may view the Content through the Services primarily within the country in which you have established your account and only in geographic locations where we offer the Services and make such Content available. The Content that may be available to watch will vary by geographic location. Daylight Interactive will use technologies to verify your geographic location.
License. We grant you a limited, non-exclusive, non-transferable, license to access and use the Services and view our Content, for personal, non-commercial purposes only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Services for public performances.
Ownership. You agree that Daylight Interactive owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Daylight Interactive and Daylight Interactive’s licensors. Copyright, trademark, and other intellectual property laws protect the Services and the Content.
Restrictions on Use. You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Services or Content therein. You may not either directly or through the use of any device, software, internet site, web-based service, or other means:
- remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content;
- modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure associated with the Content or the Video Player, including geo-filtering mechanisms;
- copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content;
- access the Services (including the Content) through any automated means, including “robots,” ”spiders,” or “offline readers;”
- incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Daylight Interactive in writing;
- create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Daylight Interactive;
- build a business utilizing the Content, whether or not for profit;
- create derivative works or materials that otherwise are derived from or based in any way on the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, whether or not for profit, unless expressly permitted by Daylight Interactive in writing;
- introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment of Daylight Interactive or other users of the Services;
- damage, disable, overburden, impair, or gain unauthorized access to the Services, including Daylight Interactive’s servers, computer network, or user accounts;
- remove, modify, disable, block, obscure or otherwise impair any advertising associated with the Services (including the Content).
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the …
Content You Post. The Services may include certain review and comment areas, forums, message boards, profile information, and other similar areas (collectively, “Interactive Areas”), in which you or other users may create, post, link, store, or otherwise make available (collectively, “Post”) reviews, comments, questions, data, or other materials (collectively, “User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
By Posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. If you Post User Content, unless we indicate otherwise, you grant Daylight Interactive and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media now known or hereinafter created for any purpose, and, if they choose, to use the name you submit in connection with such User Content. You retain any ownership interest in User Content that you may have under copyright and other intellectual property laws, and may terminate Daylight Interactive’s license to your User Content by removing the User Content from Daylight Interactive. By Posting your User Content, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Content, and to use, display, reproduce, distribute, and perform such User Content as permitted through the functionality of the Services and under these Terms.
You agree not to Post any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent, indecent, profane, hateful, racially or ethnically offensive, or otherwise objectionable material (as determined in Daylight Interactive’s sole discretion);
- User Content that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any party, or would otherwise create liability;
- User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party or that links to infringing or unauthorized content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, or solicitations;
- Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, social security numbers, account numbers, or similar information; and
- Viruses, corrupted data, or other harmful, disruptive, or destructive files.
Content Others Post. As a provider of interactive services, Daylight Interactive is not liable for User Content, including but not limited to mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter by viewing User Content. Daylight Interactive does not endorse any User Content, and User Content that is Posted does not reflect the opinions or policies of Daylight Interactive. Although Daylight Interactive has no obligation to screen, edit, or monitor any User Content posted to any Interactive Area, Daylight Interactive reserves the right, at its absolute discretion, to remove, screen, or edit any User Content at any time, for any reason, without notice. In no event does Daylight Interactive assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against Daylight Interactive with respect to such User Content. If you encounter inappropriate User Content in our Services, you can notify us by emailing firstname.lastname@example.org.
LINKS TO AND FROM THIRD PARTY SITES
The Services may contain mature content, which may not be appropriate for children. Where possible, the Content is rated according to guidelines established by the Motion Picture Association of America or television ratings/content advisories. However, some Content may not be rated and/or may contain violence, sexual content and mature themes. Such Content is intended for those persons over the age of 18, or those persons who have received consent from a parent or guardian.
Daylight Interactive’s name, logo, and any other service name or slogan contained in the Service are trademarks of Daylight Interactive or its affiliates, suppliers, or licensors, and may not be copied, reproduced, imitated or otherwise used, in whole or in part, including in metatags or hidden text, without the prior written authorization from Daylight Interactive or the applicable trademark owner.
10.1. Copyright Protection. The Service and all Content incorporated in the Service is protected by copyright, trade secret or other intellectual property laws. You may not download, copy, exhibit, broadcast, distribute, or otherwise use any Content without a prior written authorization from Daylight Interactive.
10.2. Copyright Notices. If you believe that any Content, User Content, or other material provided through the Services, infringes your copyright, you may send a notice of such infringement to our Designated Agent at the following email address: email@example.com
To be effective, the notification must be in writing and contain the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material and information reasonably sufficient to permit Daylight Interactive to locate the material on the Services (e.g., a link to the infringing post);
- Your contact information, including your address, telephone number and an email address;
- A statement that you have a good-faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy to terminate, in appropriate circumstances, users or subscribers who are deemed to be repeat infringers. Daylight Interactive may also at its sole discretion limit access or terminate accounts of any person who infringes any intellectual property right, regardless of whether the repeat infringement occurs.
DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY
11.1. Disclaimer. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SERVICES, INCLUDING THE SITE, THE CONTENT, THE VIDEO PLAYER, THE INTERACTIVE AREAS, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY PLATFORM, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. Without limiting the foregoing, Daylight Interactive expressly disclaims any warranty of merchantability or fitness for a particular purpose; or that the Services will be uninterrupted, free of viruses or other harmful components; and makes no representation or warranty with respect to availability, reliability, security, accurateness, or reliability of the Services.
11.2. Limitation of Liability. IN NO EVENT SHALL DAYLIGHT INTERACTIVE OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “DAYLIGHT INTERACTIVE PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE SITE, THE CONTENT, THE USER CONTENT, AND THE VIDEO PLAYER (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY PLATFORM), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE DAYLIGHT INTERACTIVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS).
11.3. Indemnity. You agree, at your sole expense, to defend, indemnify and hold harmless the Daylight Interactive Parties from and against any and all actual or threatened suits, actions, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest, and disbursements) caused by, arising out of, resulting from, attributable to, or in any way related to: (i) your use of the Services, including your use of the Content and the Interactive Areas; or (ii) your breach or alleged breach of these Terms. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Daylight Interactive.
Daylight Interactive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Daylight Interactive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.