Date of Last Revision: October 06, 2008
Welcome to Daisypost. By accessing or using our web site at www.daisypost.com you, as the user,
signify that you have read, understand and agree to be bound by these Terms of Use, whether or not
you are a registered member of Daisypost. We reserve the right, at our sole discretion, to change,
modify, add, or delete portions of these terms at any time without further notice. We will post the
changes to these terms and will indicate the date they were last revised on this page. Your continued
use of the Service or the Site after any such changes constitutes your acceptance of the new terms of
use. If you do not agree to abide by these or any future Terms of Use, do not use or access the website.
It is your responsibility to regularly check on changes made and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Eligibility
Membership in the Service is void where prohibited. This site is intended solely for users who are
thirteen (13) years of age or older, and users of the site under 18 who are currently in high school or
college. Any registration by, use of or access to the website by anyone under 13, or by anyone who is
under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms
of Use. By using Daisypost.com, you represent and warrant that you are 13 or older and in high school
or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms
and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the site, you agree to
- provide accurate, current and complete information about you as may be prompted by any registration
forms on the Site ("USER REGISTRATION");
- maintain the security of your password and identification;
- maintain and promptly update the Registration Data, and any other information you provide to
Daisypost, to keep it accurate, current and complete; and
- be fully responsible for all use of your account and for any actions that take place using your
account.
Proprietary Rights in Site Content; Limited License
All content on Daisypost, including designs, text, graphics, pictures, video, information,
applications, software, music, sound and other files, and their selection and arrangement, are the
proprietary property of Daisypost, its users or its licensors with all rights reserved. No content may
be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed,
posted, transmitted, or sold in any form or by any means, in whole or in part, without the Daisypost's
prior written permission. Any use of the website other than as specifically authorized herein,
without the prior written permission of website administrator, is strictly prohibited.
User Conduct
Daisypost is available for your personal, non-commercial use only. You represent, warrant and agree
that no materials of any kind submitted through your account or otherwise posted, transmitted, or
shared by you on or through the website will violate or infringe upon the rights of any third party,
including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain
libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use Daisypost.com to:
- harvest or collect email addresses or other contact information of other users from the any services provided by the website or
the the site itself by electronic or other means for the purposes of sending unsolicited emails, text messages or other
unsolicited communications;
- use Daisypost in any unlawful manner or in any other manner that could damage, disable, overburden
or impair the website;
- use automated scripts to collect information from or otherwise interact with the services provided or the
website itself;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be
harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar,
obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or
otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a
personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii)
are original art or animation created by you or your friends;
- register for more than one user account, register for a user account on behalf of an individual
other than yourself, or register for a user account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or
your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the website any
private information of any third party, including, addresses, phone numbers, email addresses, identification
numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying
information for commercial or unlawful purposes;
- upload, post, transmit, share 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;
- upload, post, transmit, share, store or otherwise make available content that would constitute,
encourage or provide instructions for a criminal offense, violate the rights of any party, or that
would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the website
administrator, or create a false identity on this website.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment
of this website administrator, is objectionable or which restricts or inhibits any other person from
using or enjoying the website, or which may expose the website administrator or its users to any harm or liability of any
type.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness),
messages, notes, text, information, music, video, advertisements, listings, and other content that you
upload, publish or display on or through the services provided or the website, or transmit to
or share with other users. You may not post, transmit, or share
content on the website that you did not create or that you do not have permission to post. You
understand and agree that the web administrator may, but is not obligated to, review the content of the
website and may delete or remove (without notice) any content in its sole discretion, for any reason or
no reason. You are solely responsible at your sole cost and expense for creating backup copies and
replacing any content you post or store on the website.
We are not responsible, at any circumstances, of any loss of posted data, information, messages by the user.
When you post content to Daisypost.com, you authorize and direct us to make such copies thereof as
we deem necessary in order to facilitate the posting and storage of the content on the Site. By posting
content to any part of the website, you automatically grant, and you represent and warrant that you have
the right to grant, to the website administrator an irrevocable, perpetual, non-exclusive, transferable,
fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose,
commercial, advertising, or otherwise, on or in connection with the website or the promotion thereof,
to prepare derivative works of, or incorporate into other works, such content, and to grant and
authorize sublicenses of the foregoing. If you choose to remove your content, the license granted
above will automatically expire, however you acknowledge that the website may retain archived copies
of your content. Daisypost does not assert any ownership over your content; rather, as between us and
you, subject to the rights granted to us in these Terms, you retain full ownership of all of content
and any intellectual property rights or other proprietary rights associated with content.
Daisypost Mobile Services
Daisypost currently does not charge for these Mobile Services. However, your carrier's normal messaging, data
and other rates and fees will still apply. You should check with your carrier to find out what plans
are available and how much they cost. In addition, downloading, installing, or using certain mobile
services may be prohibited or restricted by your carrier, and not all mobile services may work with all
carriers or devices. Therefore, you should check with your carrier to find out if the mobile services
are available for your mobile devices, and what restrictions, if any, may be applicable to your use of
such Mobile Services. By using the mobile services, you agree that we may communicate with you
regarding Daisypost and other entities by SMS, MMS, text message or other electronic means to your
mobile device and that certain information about your usage of the mobile services may be communicated
to us. In the event you change or deactivate your mobile telephone number, you agree to promptly
update your Daisypost account information to ensure that your messages are not sent to the person that
acquires your old number.
Third Party Websites and Content
The website contains (or you may be sent through the website or the services provided) links to other web sites
("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party
Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites
accessed through the Site or any Third Party Applications, Software or Content posted on, available
through or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third
Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation
of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use
or install any Third Party Applications, Software or Content, you do so at your own risk and you should
be aware that our terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which you navigate from the
Site or relating to any applications you use or install from the site.
Share Service
Company offers a feature whereby users of the website can share with others or post to their own
member profile, messages, videos, articles and other Third Party Applications, Software or Content from, and/or
links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that
your use of the Share Services and all links, User Content or Third Party Applications, Software or
Content shared through the Share Service is subject to, and will fully comply with the user conduct
rules set forth above and the other terms and conditions set forth in these Terms of Use.
Use of Share Links by Online Content Providers
Subject to the terms and conditions of these Terms of Use, Third Party Sites that meet the
requirements set forth below may place a Share Link (as described below), in the form approved by
website administrator, on pages of their web sites to facilitate use of the Share Service. A Third Party Site that
posts a Share Link on its web site is referred to herein as an "Online Content Provider" and shall
abide and be subject to the applicable sections of these Terms of Use. A "Share Link" is a button
and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a
user, enables us to launch a sharing mechanism through which users can share with others or post to
their own member profile, links and content from that page.
In the event that the Share Link is a button that contains any icons or other graphic images,
trademarks or other proprietary materials of the Company, Online Content Provider is granted permission
to use such images, trademarks or other materials solely for the purpose of placing the Share Link on
Online Content Provider's site and solely in the current form provided by the Company. In the event
that the Share Link is a text link, it must include the word Daisypost as part of the link. The rights
granted in this paragraph may be revoked by website administrator at any time with or without cause in its sole
discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share
Links from its site.
In order for an Online Content Provider to include a Share Link on its pages, the Third Party
Site must not contain any web content that if shared or posted by a user would be a violation of the
user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not
to post a Share Link on any web site that contains, and represents and warrants that such web site does
not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory,
abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or
publicity rights or that may expose Company or its users to any harm or liability of any type. Upon
including of a Share Link, Online Content Provider agrees to defend, indemnify and hold the website administrator,
its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners
and employees, harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link,
any links, content or other items or materials which may be shared or posted through such Share Link,
or any breach or alleged breach of the foregoing representations and warranties.
By including a Share Link, Online Content Provider automatically grants, and represents and
warrants that it has the right to grant, to the website administrator an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in
order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any
kind residing on any web pages on which Online Content Provider places the Share Link.
Privacy
We care about the privacy of our users. Click here to view the Daisypost Privacy Policy.
Disclaimers
The website administrator is not responsible or liable in any manner for any content or Third Party
Applications, Software or Content posted on the Site, whether posted or caused by users of the Site, by
Daisypost, by third parties or by any of the equipment or programming associated with or utilized in
the website. Although we provide rules for user conduct and postings, we do not control and are not
responsible for what users post, transmit or share on the website and are not responsible for any
offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the
website or in connection with any content. The website administrator is not responsible for the
conduct, whether online or offline, of any user of the website or services provided.
The website may be temporarily unavailable from time to time for maintenance or other reasons.
Website administrator assumes no responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or unauthorized access to,
or alteration of, user communications. The website administrator is not responsible for any technical
malfunction or other problems of any telephone network or service, computer systems, servers or
providers, computer or mobile phone equipment, software, failure of email or players on account of
technical problems or traffic congestion on the Internet or at any website or combination thereof,
including injury or damage to user's or to any other person's computer, mobile phone, or other hardware
or software, related to or resulting from using or downloading materials in connection with the Web.
Under no circumstances will the web administrator be responsible for any loss or damage, including any
loss or damage to any user content or personal injury or death, resulting from anyone's use of the
website
THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE
AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM
APPLICATIONS. WEBSITE ADMINISTRATOR DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE,
THE SERVICES PROVIDED OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR
THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE,
CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT
LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT,
MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICES PROVIDED AND ANY PLATFORM
APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE
THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY
KIND THAT MAY RESULT.
The website administrator reserves the right to change any and all content, software and other
items used or contained in the website at any time without notice. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not
constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith,
by the web administrator.
Limitation on Liability
IN NO EVENT WILL WEBSITE OWNER, ADMINISTARTOR OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED, ANY PLATFORM
APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE
SITE, EVEN IF THE WEBSITE ADMINISTRATOR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE
SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL
NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
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, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
The website administrator may terminate your membership, delete your profile and any content or
information that you have posted on the website for any reason, or no reason, at any time in its sole
discretion, with or without notice, including if it believes that you are under 13, or under 18 and not
in high school or college. When we are notified that a user has died, we will generally, but are not
obligated to, keep the user's account active under a special memorialized status for a period of time
determined by us to allow other users to post and view comments.
Indemnity
You agree to indemnify and hold the website, owner of website, and website administrator, harmless from
and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable
attorney's fees, arising out of or in connection with any content, any you post or share on or any
violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information about the website provided by you to the website administrator are non-confidential and shall become the sole
property of website administrator. The website administrator shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these
submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Other
These Terms of Use constitute the entire agreement between you and the website regarding the use of
the website, relating to your use of the website. The failure of the website administrator to exercise
or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or
provision in that or any other instance. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of
Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Use and shall not affect the validity and enforceability of any remaining
provisions.