Daily Cloudt Site Terms and Conditions of Use
Last Updated: May 21, 2012
1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
You are responsible for obtaining, at your own expense, all equipment and services necessary to use the Site, including a computer, modem and Internet access (including payment of all fees associated with such access).
3. Registration Data and Privacy
In order to access some of the services on this Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data from you ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you represent and warrant that all such Registration Data is true and accurate and that you will maintain and update it as required in order to keep it current, complete, and accurate. You agree that if any Registration Data you provide is false, inaccurate or incomplete, we may terminate your use of the Site.
4. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
5. Conduct on Site
Your use of the Site is subject to all applicable laws and regulations and is conditioned upon your compliance with the rules of conduct set forth below. We expect users of the Site to respect the rights and dignity of others. You are solely responsible for your use of the Site and the substance of any of your communications through the Site. Without limiting the foregoing, you agree that you will not:
(a) Upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:
(i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iii) infringes or misappropriates any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;
(iv) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(v) contains software viruses, Trojan horses, worms, spyware, timebombs or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
(vi) impersonates any person or entity, including any of our employees or representatives or any other user of the Site; or
(vii) falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
(b) Use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability;
(c) Interfere with anyone else’s use and enjoyment of the Site;
(d) Use the Site for any fraudulent or unlawful purpose;
(e) Use the Site to harvest or collect personally identifiable information about other users of the Site;
(f) Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;
(g) Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
(h) Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
(i) Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
(j) Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
(k) Frame or mirror any part of the Site without our express prior written consent;
(l) Create a database by systematically downloading and storing Site content; and
(m) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent (notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
You agree that we may, at any time and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above provisions.
7. Third Party Sites and Information
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that neither we or our Affiliates are responsible for the availability, accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we or our Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. Your use of any such third party sites and resources is at your own risk and is subject to any terms and conditions of use applicable to such sites and resources.
For purposes of clarity, you retain ownership of any information, content and/or materials you submit through the Site’s blogging services (such as the Citizen’s Voice) or message board services or otherwise through the Site (each, a “Submission”). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you hereby grant Daily Cloudt and our Affiliates and service providers and designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including, without limitation, edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed. This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicensable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the services available through the Site. It is your sole responsibility to ensure that your Submissions do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
9. Our Proprietary Rights
All information and materials made available through the Site, including any software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users, are and will remain the property of Daily Cloudt and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.
Except for making a single copy made for personal, non-commercial use (provided that you keep intact all copyright and other proprietary notices) only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site.
10. Unauthorized Use of Materials
We respect the intellectual property of others, and we ask you to do the same. If you believe in good faith that your copyrights have been infringed by materials available on this Site, you may send a notification to our Designated Agent (as identified below) requesting that we remove the material or block access to it. To be effective, the notification must:
Please send the written communication to the following address:
Contact: Lisa Thomas, Designated Agent for Claimed Infringement
Address: DailyCloudt, Inc., 1516 Fifth Street, Berkeley, CA 94710
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
11. Disclaimer of Warranties
The Site and all materials and services made available through or in connection with the Site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Site will meet your requirements, (b) the Site will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Site will be effective, accurate or reliable, or (d) the quality of any products, services, or information obtained by you from the Site will meet your expectations. Further, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users or third party vendors or advertisers. You acknowledge that all correspondence and transactions relating to any merchandise or services offered by any such party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between such party and you. We make no warranty regarding any transactions executed through, or in connection with this Site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this Site from a third party is provided solely by such third party, and not by us or any other of our Affiliates.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
In no event will Daily Cloudt or our Affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Site or of any website referenced or linked to from the Site. The maximum liability of Daily Cloudt for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, will be the total amount, if any, paid by you to us for your access and use of the Site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
14. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
16. Governing Law
While this site (excluding any linked sites) is currently controlled by us from our offices within the State of New York, the site may use servers that are located in multiple jurisdictions and it can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters.
Collecting personal information from children under the age of 18 ("minors") through the Site is prohibited. No Submission should be directed toward minors. Minors are not eligible to use the site, and we ask that they do not submit any personal information to us. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such sites.
18. Notices; Contact Information