See here for special Terms & Conditions relating to DailyFeats SMS programs.
Effective February 10, 2012
Please address questions related to our Terms of Service to firstname.lastname@example.org.
- DailyFeats' goal is to help you with your well-being.
- The content at the DailyFeats Site does not necessarily represent the specific opinions or preferences of DailyFeats as an entity or its employees, directors, or investors.
- DailyFeats is not meant to replace the advice of a professional. You should not rely on any information or suggestions here to replace consultations with qualified professionals regarding your own specific situation.
The public website available at www.dailyfeats.com; and the private labeled deployments of the DailyFeats platform for clients of DailyFeats, Inc. (individually as unique properties and collectively known as the "Site"); are owned and operated by DailyFeats, Inc., a Delaware Corporation, and is accessed by you under the following terms and conditions (the "Terms of Service"):
We may revise these Terms of Service at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Site will mean you accept those changes, whether you've read them or not.
3. Personal Use Only
The Site is made available for your personal, non-commercial use only. You may not use the Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. If you want to make commercial use of our services, you must enter into a separate agreement with us to do so in advance.
Notwithstanding the general limits of use described in the paragraph above, some DailyFeats data is available for your use, including commercial use and inclusion in external applications, provided the data is accessed using DailyFeats' Application Programming Interface (API). The DailyFeats' API has its own set of Terms of Service, to which you must consent before using it.
4. The DailyFeats Rewards Program
The DailyFeats Rewards Program (the "Rewards Program") is the rewards and loyalty program of DailyFeats that is utilized to increase your well-being and to promote certain consumer activities both offline and online through the distribution of DailyFeats Points (as defined below). The Rewards Program is accessible to Participants (as defined below) via the Site.
The Rewards Program is offered by DailyFeats in conjunction with certain DailyFeats Reward Partners (as defined below). Our Rewards Partners include certain manufacturers, retailers, municipalities, non-profit organizations and other third parties. When an individual enrolls in the Rewards Program by any means, directly at the DailyFeats Site or via any DailyFeats Partner, such individual will be deemed to have acknowledged and agreed to these Terms of Service (as may be updated by DailyFeats from time to time). These Terms of Service govern both the Rewards Program and the use by Participants of the portions of the Site accessible only to Participants.
Please see here for terms and conditions pertinent to specific DailyFeats Reward Partners.
- "Account" means a record kept by DailyFeats of the Participant's accrued balance of DailyFeats Points as well as account credits and debits by the Participant and any all data about the account that may be collected from the user or from third-parties. Each Account will have a unique account number assigned by DailyFeats.
- "Good Standing" means the Participant (i) has registered, and accepted these Terms of Service, in the Rewards Program, (ii) has not terminated his/her participation in the Rewards Program, (iii) has not been determined by DailyFeats to have engaged in any practices deliberately conducted in an attempt to accrue and/or redeem DailyFeats Points in any way that is not consistent with the rules or intent of the Rewards Program, (iv) has either earned or redeemed Points in the previous twelve (12) months, and (v) is not in default under these Terms of Service.
- "Participant" means an individual adult who is resident in the United States or Canada and has registered in the Rewards Program.
- "DailyFeats Points" represent a point value awarded to the Account, for Qualifying Feats and Reward Earning Transactions (as defined below), including credit card transactions and other Marketing Partner transactions (as defined below) which may be redeemed by a Participant or any authorized member for Rewards (as defined below) so long as the Participant is in Good Standing. DailyFeats Points are, at all times, the property of DailyFeats.
- "Qualifying Feats and Reward Earning Transaction" means engaging in any specific actions offered by DailyFeats as a reward earning opportunity for which the participant receives DailyFeats Points.
- "Reward(s)" are issued by DailyFeats' Reward Partners (as defined below) and may be tendered to a Participant in the form of electronic promotion codes, offline reward mailers, goods, services or they may be transmitted through a combination of these means or in gift certificate format by the Reward Partner or by DailyFeats. Participants may receive DailyFeats Rewards redeeming DailyFeats Points as per the terms and conditions described at the DailyFeats Site for each Reward Partner.
- "Reward Partners" are entities and individuals that provide and/or honor Rewards. The list of participating Reward Partners is subject to change at any time, and specific Rewards are not guaranteed to be available at all times. Reward Partners are not agents, employees, contractors, partners, or subcontractors of DailyFeats and the Rewards offered are subject to change from time to time at the discretion of the Reward Partner and/or DailyFeats. Participation by any Reward Partner or Marketing Partner should not be taken as an endorsement, either express or implied, of the Rewards Partner or its products or services by DailyFeats.
- "Marketing Partners" are entities and individuals that provide and/or honor DailyFeats Points for certain actions.
4.2 Accruing DailyFeats Points
- To register for the DailyFeats Rewards Programs, an individual must enroll to activate by visiting this Site or a DailyFeats Reward Partner site and following the instructions for activating an Account, by receiving an e-mail with specific instructions to activate your Account, or by emailing DailyFeats' Customer Care Department at email@example.com.
- Eligibility to accrue additional DailyFeats Points is restricted to Accounts in Good Standing. If the Account ceases to be in Good Standing (other than as a result of the Participant voluntarily terminating participation in the Rewards Programs or other programs with Marketing Partners) the Participant has twelve (12) months from the date that the Account ceased to be in Good Standing to redeem DailyFeats Points, after which the DailyFeats Points will terminate and the Participant will forfeit all accrued DailyFeats Points. If an Account ceases to be in Good Standing as a result of a violation of Paragraph 4.1(2) (iii) herein ( a Participant been determined by DailyFeats to have engaged in any practices deliberately conducted in an attempt to accrue and/or redeem DailyFeats Points in any way that is not consistent with the rules or intent of the Rewards Program) DailyFeats shall, in its sole discretion, have the right to immediately terminate the account and invalidate all DailyFeats Rewards and DailyFeats Points accrued in that Account and any affiliated Accounts immediately.
- Valid DailyFeats Points may be used by Participants for various redemption options that may be made available by DailyFeats. Qualification for a given redemption option is subject to specific conditions that are set in the sole discretion of DailyFeats. Such conditions may be adjusted by DailyFeats at any time.
- DailyFeats Points can be redeemed for DailyFeats Rewards as discussed in the next section of these Terms of Service. Alternatively, DailyFeats may permit the Participant to contribute accrued DailyFeats Points to specified charitable organizations or to transfer DailyFeats Points to other Accounts. Details for any such contribution or transfer programs are available at the DailyFeats Site at www.dailyfeats.com. Please note the contribution of DailyFeats Points to a charitable organization is not tax deductible.
- DailyFeats Points do not constitute property of the Registered Participant; cannot be combined with DailyFeats Points from another Account unless specifically made available to a Participant under certain conditions that are set by DailyFeats; are not redeemable for cash or any other form of currency or credit; and have no fixed or ascertainable cash value.
4.3 Redeeming DailyFeats Points for Rewards
- Provided that the Account is in Good Standing, the Participant may redeem DailyFeats Points for Rewards either through the Site or by emailing DailyFeats at firstname.lastname@example.org. Rewards redeemed through the call center may be subject to alternative redemption pricing than otherwise promoted on www.dailyfeats.com for online redemptions. To access information about a particular Account and/or redeem DailyFeats Points, the Participant must have the Account number and (if accessing the Account via the Site) the password or PIN and email address provided by the Registered Participant. For purposes of redemption of DailyFeats Points,
- Rewards (and, if applicable, their use) are subject to (i) availability, (ii) terms and conditions specified by the Reward Partners and/or as listed on the actual Rewards, including expiration dates, and (iii) may be subject to change at any time.
- DailyFeats shall determine the total number of DailyFeats Points that each Participant must redeem to obtain a Reward. Some offers may be a onetime offer per household. Offers vary from time to time and availability may be highly limited.
- Reward Partners or DailyFeats may, in their sole discretion, choose to offer Rewards to select groups or individual Participants. There may be instances where a Participant is asked for certain information in order to redeem a reward with a certain Reward Partner. If a Participant declines to answer a request for such information, it may forfeit its ability to receive a particular reward.
- In the event a Rewards Partner refuses to honor a Reward for any reason other than suspicion of theft or fraud, DailyFeats' sole obligation will be to credit the Account of the Participant for the number of DailyFeats Points that were to be redeemed for the Reward. In the event of theft, repeated loss or fraud, no credit shall be given to an Account and DailyFeats reserves the right to contact appropriate law enforcement authorities.
- DailyFeats and DailyFeats' Partners are not responsible for replacing lost, stolen, or expired Rewards but may do so in its or their sole discretion.
- Except as expressly stated in these Terms of Service, Rewards cannot be returned, exchanged, refunded or replaced by cash, DailyFeats Points or other Rewards.
- DailyFeats is not responsible for replacement of Rewards that are not received due to failure to provide accurate delivery information, including address and full name. If a Participant desires to have DailyFeats re-send rewards returned to DailyFeats as undeliverable, an administrative charges and delivery fees may apply at the discretion of DailyFeats.
- Participants must promptly notify DailyFeats of (a) any discrepancy in the Rewards; or (b) non-receipt of Rewards shipment. Upon receipt of such notification, DailyFeats will investigate, and may, if appropriate (i) correct such discrepancies; or (ii) replace any non-received Reward, provided that the Participant submits a properly completed Affidavit of Lost Shipment within thirty (30) days of the shipment date (if requested by DailyFeats). If DailyFeats does not receive such notification or such Affidavit within thirty (30) days, the shipment will be deemed to be satisfactory and accepted by the Registered Participant.
5. DailyFeats' Intellectual Property
The Site and all Site materials including, but not limited to, the DailyFeats logos, trademarks, designs, text, graphics, images, audio and video clips, software, interactive features and other works of authorship and other material, and the selection and arrangement thereof (the "content") are copyrighted by DailyFeats and are protected by United States and international intellectual property laws. Except as stated herein, none of the content may be copied, reproduced, or distributed in any form without the prior written permission of DailyFeats. Permission is granted to display, copy, and download the content on this Site for personal, non-commercial and informational use only provided that you may not (a) modify the content or (b) remove or alter any copyright or other proprietary notices contained in the content.
You may not use, frame or utilize framing techniques to enclose any DailyFeats content (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without DailyFeats' express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a DailyFeats name, trademark or product name without DailyFeats' express written consent.
DailyFeats makes no claims that the content may be lawfully viewed or downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Service are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
6. International Users
7. Registration and Account Security of DailyFeats Accounts
In order to access some features of the Site, you will have to create a DailyFeats account. You agree to do the following in the creation and maintenance of your account:
DailyFeats reserves the right to refuse registration of, or cancel a user account, in its discretion.
- You will not provide any false personal information, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use DailyFeats if you are under 13.
- You will not use DailyFeats if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- 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).
8. User Conduct
Restrictions on Use
You agree that you will not:
- use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with anyone else's use of the Site;
- use the Site to: transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use the Site for promotional or commercial purposes;
- use the Site for keyword spamming or to otherwise attempt to manipulate search results;
- use the Site to promote bigotry or discrimination against protected classes;
- use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- use the Site to transmit or post prohibited content. Prohibited content includes content that: (i) contains pornography, nudity, or sexually suggestive text or images; (ii) promotes racism, bigotry or hatred; (iii) harasses or promotes the harassment of another person; (iv) depicts or promotes violence; (v) solicits personal information from anyone under 18 years of age; (vi) violates the privacy or security of another person; (vii) violates the copyrights, trademark rights or other intellectual property rights of another person; (viii) constitutes or promotes illegal activity, including defamation, libel or obscenity; (ix) constitutes junk mail, chain letters, spam, advertisements, or unsolicited commercial mailings; (x) includes images of another person that you have uploaded without that person's consent.
- use the Site in violation of any applicable law;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or the content of others (including of other Registered Participants);
- reverse engineer any portion of the Site, except as may be permitted under the law;
- remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
- record, process, or mine information about other users;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site content;
- reformat or frame any portion of the Site;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure;
- attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content, or features that enforce limitations on the use of the Site.
You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is submitted to the Site. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge that we shall have the right to terminate your access to the Site for violations of any of these rules, including repeat infringement of copyrights.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to DailyFeats' servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. You furthermore specifically agree not to use any automated method to alter the training values of decision results in order to unduly bias DailyFeats' machine learning algorithm in favor of or against specific results or groups of results.
You agree not to collect or harvest any personally identifiable information, including account usernames, and profile information, from the Site, nor to use the community portions of the Site for any commercial solicitation purposes.
You agree that any information that you disclose at the Site including, but not limited to, personal and sensitive information about you, is done so at your own risk.
You agree and acknowledge that all privacy settings that you select does not ensure the security of any such information that you enter at the Site and that the use of such privacy settings is done so at your own risk.
Your use of DailyFeats and any content must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software.
9. 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 DailyFeats Site.
The content on the DailyFeats Site, including User Content (as defined herein), 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 in any manner not intended by the normal functionality of the DailyFeats Service or otherwise as prohibited under this Agreement. "User Content" means user comments, suggestions, recommendations, reviews, and any other material posted by users of the Site.
You understand that when using the DailyFeats Site, you will be exposed to User Content from a variety of sources, and that DailyFeats is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that may be 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 DailyFeats with respect thereto, and agree to indemnify and hold DailyFeats, its owner, operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
The Site Does Not Provide Medical Advice
Any content at the DailyFeats Site, such as text, graphics, images and other material contained on the DailyFeats Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the DailyFeats Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. DailyFeats does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the DailyFeats Site. Reliance on any information provided by DailyFeats, DailyFeats employees, others appearing on the Site at the invitation of DailyFeats, or other visitors to the Site is solely at your own risk.
10. Special Notice for Health
DailyFeats does not provide professional health advice and is not a substitute for professional medical advice, examination, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional before starting any new treatment or making any changes to existing treatment. Do not delay seeking treatment or disregard medical advice based on content on DailyFeats. The content on DailyFeats should not be used to diagnose, treat, cure, or prevent any disease without the supervision of a medical doctor or other qualified health professional.
11. User Submissions
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material posted by you on the Site.
When you submit comments or other User Content to the Site (including to other Participants), we may make use of your submission, including showing your submission to other users who might benefit from your submission, and attributing such submission to you by associating it with your username, profile picture, or any other descriptive profile information you have provided. As such, we need broad rights in the User Content you submit to the Site.
The following paragraph describes these rights. By submitting content to the Site, you grant DailyFeats and its subsidiaries and affiliates the royalty-free, perpetual, irrevocable, non-exclusive, worldwide, transferable right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise exploit the User Content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content. You also warrant that the holder of any rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Site to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content. Notwithstanding the generally irrevocable license you grant us regarding content you submit, if you are the rights holder to submitted content and later change your mind and would like it removed, you can contact us at email@example.com. We reserve the right to remove User Content from the Site for any reason or for no reason at all.
DailyFeats does not endorse any User Content or any opinion, solution or advice expressed therein, and DailyFeats expressly disclaims any and all liability in connection with User Content. DailyFeats does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and DailyFeats will remove content if properly notified that such content infringes another's intellectual property rights. DailyFeats reserves the right to remove any content without prior notice. If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes your copyrights, you can contact us at firstname.lastname@example.org.
When you delete content, you understand that your deleted content may persist in backup copies for a reasonable period of time (although it will not be available to others).
With regard to any section of the DailyFeats Site where other users can respond to a question or comment that you have made, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in these areas.
DailyFeats and its sponsors are not responsible for the consequences of any user communications at the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the user areas of the Site, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DailyFeats in its sole discretion;
- Posting advertisements or solicitations of business;
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the DailyFeats or the Site, or which, in the judgment of DailyFeats, exposes DailyFeats or any of its customers or suppliers to any liability or detriment of any type.
DailyFeats reserves the right to take any of the following actions:
- Investigate an allegation that a communication(s) does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to the Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication on the Site.
- Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.
DailyFeats and its sponsors have no liability or responsibility to users of the site or any other person or entity for performance or nonperformance of the aforementioned activities.
12. Account Termination Policy
DailyFeats may terminate your account and your access to the Site if DailyFeats determines in its sole discretion that you have breached these Terms of Service. Upon termination of your account, your right to use the DailyFeats services and access the Site and any content will immediately cease. All provisions of these Terms of Service, which by their nature should survive termination, shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnifications and limitations of liability.
DailyFeats reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, inappropriate disclosure of personal information or excessive length. DailyFeats may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
13. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you can contact us at email@example.com.
14. Changes In Terms of Service
We may modify or terminate our services from time to time, for any reason, and without notice and without liability to you. We may also impose limits on certain features and services or restrict your access to parts or all of the DailyFeats services without notice or liability. We reserve the right to modify, delete from or terminate these Terms of Service, the Rewards Program and its rules, processes, regulations, Reward Partners, and Rewards from time to time and with or without notice. DailyFeats may: (i) change the amount of DailyFeats Points in any Account; (ii) change the number of DailyFeats Points required to redeem a Reward; (iii) impose caps and/or fees on DailyFeats Points earnings and/or on the redemption of DailyFeats Points; (iv) change the list of Rewards available or the number of DailyFeats Points required to obtain a Reward; or (v) cancel any of the Programs without notice. Your continued use of the Site after any posted modification to these Terms of Service indicates your acceptance of the modification. You should visit this page periodically, because your continued use of the Site following the posting of changes to these Terms of Service constitutes your acceptance of those changes.
Any loss, damage, or delay in, or failure of, performance by DailyFeats shall not constitute a default under any of the Programs or give rise to any claim for any damages, except for damages that by applicable law cannot be disclaimed.
At anytime without prior notice, DailyFeats reserves the right in its sole discretion to change the name of its currency from DailyFeats Points or to add additional currencies to the Programs. DailyFeats also reserves the right to determine the value of the any new currency as compared to DailyFeats Points (conversion rate). All current DailyFeats Points acquired by Participants would automatically be converted to this new currency.
15. Warranty Disclaimer
You acknowledge that DailyFeats has no control over, and no duty to take any action regarding: which users gain access to the Site; what content you access via the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release DailyFeats from all liability for your having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. DailyFeats makes no representations concerning any content contained in or accessed through the Site, and DailyFeats will not be responsible or liable for the accuracy, copyright compliance, legality or decency of content contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU AGREE THAT YOUR USE OF THE DAILYFEATS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DAILYFEATS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. DAILYFEATS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE 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 SITE, (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 SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE 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 DAILYFEATS SITE. DAILYFEATS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DAILYFEATS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DAILYFEATS 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. FURTHER, WITHOUT LIMITING THE FOREGOING, DAILYFEATS MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIS SITE OR ANY REWARDS, PRODUCTS OR SERVICES OBTAINED THROUGH THE REWARDS PROGRAM OR FROM ANY REWARD PARTNER AND/OR PROVIDER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT ANY SUCH PRODUCT OR SERVICE WILL MEET THE REGISTERED PARTICIPANT'S REQUIREMENTS, THAT ANY SUCH PRODUCT OR SERVICE WILL BE TIMELY, FREE OF ERRORS OR WITHOUT DEFECTS, OR PROVIDED ON AN UNINTERRUPTED BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
16. Limitation of Liability
IN NO EVENT SHALL DAILYFEATS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) 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 DAILYFEATS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, OR (VI) DIRECT DAMAGES IN EXCESS OF $100; WHETHER OR NOT DAILYFEATS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DAILYFEATS SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.
DailyFeats does not assume responsibility or liability for injury caused by the actions, products, or services of any Rewards Partner, and will not be liable or responsible for those performances, guarantees, warranties and representations, if any, offered by the US Postal Service, any third party service provider, or any Rewards Partner.
DailyFeats is not responsible if a Participant defaces damages or otherwise renders unsuitable for redemption a Rewards gift certificate.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DAILYFEATS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAMS OR ANY SUCH OTHER PRODUCTS OR SERVICES, EVEN IF DAILYFEATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If DailyFeats is held liable for any damages related to the Programs, the Participant's sole and exclusive remedy will be limited to providing appropriate credit in DailyFeats Points to a Registered Participant's Account. If any part of these Terms of Service is found to be unenforceable, the remaining portions of this Agreement will remain in full force and effect.
The Site is controlled and offered by DailyFeats from its facilities in the United States. DailyFeats makes no representations that the DailyFeats Site is appropriate or available for use in other locations. Those who access or use the DailyFeats Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless DailyFeats, its officers, directors, employees, agents, affiliates, parents and subsidiaries 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 DailyFeats Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the DailyFeats Site.
18. Ability to Accept Terms of Service
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 Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the DailyFeats Site is not intended for children under 13. If you are under 13 years of age, please do not use the DailyFeats Site.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DailyFeats without restriction.
The DailyFeats Rewards Program and these Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and DailyFeats that arises in whole or in part from the DailyFeats Site shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Service, together with the Privacy Notice available at http://www.dailyfeats.com/corporate/privacypolicy and any other legal notices published by DailyFeats on the Site, shall constitute the entire agreement between you and DailyFeats concerning the DailyFeats Site. If any provision of these Terms of Service 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 Service, which shall remain in full force and effect.
DailyFeats will be responsible for utilizing commercially reasonable efforts to accurately account for accrual and redemption of DailyFeats Points. Without limiting the foregoing: DailyFeats reserves the right to (a) audit the Account at any time for compliance with these Terms of Service, without notice to the Participant, and (b) to change accrued DailyFeats Points totals without notification if such audit reveals errors, inaccuracies or miscalculations. If the Participant becomes aware of any discrepancy in their DailyFeats Points balances, accruals, redemptions or calculations, the Participant must notify DailyFeats promptly, but in no event more than thirty (30) days after the account balance of a transaction changes occurs. Otherwise, DailyFeats Points calculations will be deemed accurate and the Participant waives any claim for future adjustment or adjudication.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DailyFeats' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. DailyFeats reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the DailyFeats Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind DailyFeats in any respect whatsoever.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or DailyFeats exclusively in a state or federal court located in New York, New York. The laws of the State of New York 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 New York County, New York for the purpose of litigating all such claims.
If you have questions regarding use, or if you have comments or suggestions regarding the DailyFeats Terms of Service, please email us at: firstname.lastname@example.org.
DailyFeats Widgets and Widget Content
DailyFeats Widgets are tools which you may place on your web site which allows you to reward your customers for certain positive actions and feats, directly from your site/applications and which allows visitors to your web site to access and view content at www.dailyfeats.com. You acknowledge and agree that these tools may display information located at www.dailyfeats.com (the "Widget Content"). DailyFeats Widgets consist of the Widget Content, and as well as all software files or images incorporated in, or generated by DailyFeats Widgets and any and all data and html embedded code that accompanies the DailyFeats Widgets, and any upgrades, enhancements, modifications, updates and revisions of such software and code.
License and Restrictions on Use
Placement of Widgets
DailyFeats Widgets may be placed on your web sites and on your pages at online social network sites and personal blogs, to the extent permitted by such sites. DailyFeats prohibits the placement of widgets on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, illegal or otherwise inappropriate as may be determined by DailyFeats in its sole discretion.
We reserve the right at any time to charge fees for access to DailyFeats Widgets. In no event will you be charged unless we obtain your prior agreement to pay such charges although, if you decline to pay such charges, we may require that you remove any DailyFeats Widgets from your web site.
DailyFeats retains all ownership and other rights in the Widget Content and other rights in DailyFeats logos and trademarks. All rights reserved. All other trademarks appearing in the Widget Content are the property of their respective owners. You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a DailyFeats Widgets.
Right to Discontinue Widgets
DAILYFEATS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE DAILYFEATS WIDGETS. THE DAILYFEATS WIDGETS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DAILYFEATS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DAILYFEATS FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF THE DAILYFEATS WIDGETS. YOU UNDERSTAND AND AGREE THAT YOU USE THE DAILYFEATS WIDGETS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY TECHNICAL, HARDWARE, SOFTWARE OR TELEPHONE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, FRAUD, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS AND LOSS OF DATA, WHETHER CAUSED BY DAILYFEATS, USERS OF ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR THAT RESULTS FROM THE USE OF WIDGETS OR THE DAILYFEATS WEB SITE.
Limitation of Liability
THE DAILYFEATS WIDGETS ARE BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT DAILYFEATS SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE DAILYFEATS WIDGETS. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DAILYFEATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DAILYFEATS WIDGETS, FROM INABILITY TO USE THE DAILYFEATS WIDGETS OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DAILYFEATS WIDGETS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL DAILYFEATS BE LIABLE TO YOU UNDER ANY CIRCUMSTANCE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you have questions regarding use, or if you have comments or suggestions regarding DailyFeats Widgets, please email us at: email@example.com.