Terms of Use
Date of Last Revision: October 10, 2008
BY USING OR VISITING THIS WEBSITE (together with all Content available through the DailyChallenge.org domain name and other sites owned or operated by Daily Challenge, Inc., the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS OF USE (the "Terms of Use"), AND (2) DAILY CHALLENGE'S PRIVACY POLICY. These Terms of Use apply to all users of the Website. If you do not agree to these Terms of Use or the Privacy Policy, then please do not use the Website.
1. Introduction
By using or visiting this website (together with all content available through the Dailychallenge.org domain name and other sites owned or operated by Daily Challenge, Inc. (“Daily Challenge”, “we” or “us”, or words of like meaning), the "Website"), or submitting content to the Website, you (1) signify your assent to these terms of use (the "Terms of Use"), and (2) consent to the collection, use and disclosure of your personal information by Daily Challenge in accordance with Daily Challenge's privacy policy (the “Privacy Policy”). These Terms of Use apply to all users of the Website, whether they are registered users of the Website or merely browsing to the Website. If you do not agree to these Terms of Use or the Privacy Policy, then please do not use the Website. In these Terms of Use the services offered through the Website are called the “Services”, and “Content” means any content of any kind, whether it be written, visual, audio, or otherwise.
2. Third Party Links
The Website may contain links to third party websites that are not owned or controlled by Daily Challenge. Daily Challenge is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Daily Challenge will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Daily Challenge from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Daily Challenge Website and to read the terms of use and privacy policy of each other website that you visit.
3. Website Access
Daily Challenge hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without Daily Challenge's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, or like communications through the Services or otherwise to users of the Website; (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms of Use.
In order to access some features of the Website, you may be required to create an account. You may never use the account of another user without that user’s 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 Daily Challenge immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Daily Challenge or others due to such unauthorized use. Daily Challenge will not be liable for your losses caused by any unauthorized use of your account.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the Daily Challenge 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, Daily Challenge grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Daily Challenge 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 or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
Daily Challenge has the right in its sole discretion to terminate your access to the Website, immediately and for any reason, or for no reason.
4. Intellectual Property Rights
Content on the Website, other than your User Submissions, is the property of Daily Challenge or its licensors and is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes without Daily Challenge's prior written consent. Daily Challenge reserves all rights not expressly granted in and to the Website and such Content. You agree to not engage in the use, copying, or distribution of any of such Content other than expressly permitted herein, including any use, copying, or distribution for commercial purposes of third-party User Submissions obtained through the Website. If you download or print a copy of any of such Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
5. User Submissions
The Website may now or in the future permit the submission of opinions, photos, videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Daily Challenge does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize Daily Challenge to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms of Use; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms of Use.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Daily Challenge, you hereby grant Daily Challenge, in addition to any other rights which it has pursuant to any other program established by Daily Challenge, a worldwide, perpetual, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and Daily Challenge's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use. The foregoing licenses granted by you are perpetual, and survive the termination of your account with us.
You agree that you will not: (i) 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 User Submission and to grant Daily Challenge all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Daily Challenge or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity; or (v) post advertisements or solicitations of business. Daily Challenge does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Daily Challenge expressly disclaims any and all liability in connection with User Submissions.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Daily Challenge is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Daily Challenge with respect thereto. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
6. Copyright and Content Policy
Daily Challenge respects intellectual property rights. If you believe your intellectual property rights have been infringed by Content, including User Submissions, please contact us at the support contact address on the Website.
Daily Challenge reserves the right to remove Content without prior notice. Daily Challenge will also terminate a user's access to the Website, if they are determined to be a repeat infringer. Daily Challenge may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
7. Warranty Disclaimer
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Daily Challenge, its subsidiaries and affiliates, and its and their officers, directors, employees, and agents (the “Released Parties”) disclaim all warranties, express or implied, in connection with the Website and the Services and your use thereof. Daily Challenge makes no warranties or representations about the accuracy or completeness of Content and assumes no liability for any (i) mistakes or inaccuracies of Content, (ii) personal injury or property damage resulting from your use of the Website or the Services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the 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. Daily Challenge does not warrant, endorse or assume responsibility for any Content, or product or service advertised or offered by a third party through the Website or featured in any advertising, and Daily Challenge 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.
8. Limitation of Liability
In no event shall the Released Parties be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any use of the Website or the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Daily Challenge is advised of the possibility of such damages.
In particular, in no event shall the Released Parties be liable for any damages of any kind resulting from (i) Content, including any mistakes or inaccuracies therein, (ii) personal injury or property damage of any nature whatsoever, (iii) any unauthorized use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, (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 on or via the Website, and/or (vi) User Submissions or the defamatory, offensive, or illegal conduct of any third party.
The risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In the event of the inapplicability of any of the foregoing limitations, Daily Challenge’s maximum aggregate liability to you arising out of or in relation to any use by you or on your behalf of the Website or the Services shall in no event exceed the amount paid by you for use of the Website or the Services during the thirty (30) days prior to the date of any claim.
9. Indemnity
You agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website or the Services; (ii) your violation of these Terms of Use; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party’s rights, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
10. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms of Use, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
11. 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 Daily Challenge without restriction.
12. Amendment of these Terms of Use
Daily Challenge reserves the right to change or modify any of these Terms of Use and conditions contained in these Terms of Use, or any policy or guideline of the Website, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Website, and your continued use of the Website after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms of Use and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Website. If you do not agree to any amended Terms of Use, you must stop using the Website. If you have any questions about the Terms, please email us at the support address shown on the Website.
13. Communications
Notices that we give you (other than notice of amendment of these Terms of Use, which is discussed above in these Terms of Use) may be provided in any of the following ways. First, we may email you at the contact information you provide in your registration data. Second, we may post a notice to users on the Website. Third, we may post the notice elsewhere on the Website. When we post notices on the Website, we post them in the area of the Website suitable to the notice. It is your responsibility to periodically review the Website for notices.
Subject to the Privacy Policy, if you send to Daily Challenge or post on the Website in any public area any information, ideas, inventions, concepts, techniques or know-how, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Daily Challenge can use such material without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to such material. We actively review such material for new ideas. If you wish to preserve any interest you might have in such material, you should not post them to the Website or send them to us.
14. General
The Website is controlled by Daily Challenge from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You agree and hereby submit to the non-exclusive jurisdiction of the Courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to your use of the Website or the Services.
These Terms of Use, together with the Privacy Policy and any other legal notices published by Daily Challenge on the Website, shall constitute the entire agreement between you and Daily Challenge concerning the Website.
Sections 2, 7, 8, 9, 12, 13 and 14, and the provisions of Section 5 described as being perpetual, shall survive any termination or expiration of these Terms of Use or your use of the Website or Services.
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 a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.