Dailyedition.ai

Terms of Services

Last Updated: April 23, 2024

1. Your Acceptance

Welcome to [https://dailyedition.ai/] (the “Website”), the website and online services of DailyEdition.ai, Inc. and its affiliates (“DailyEdition”, “we”, or “us”). This page explains the terms by which you may use our online services, Website, web-based or mobile-based applications and software (collectively the “Services”). By accessing or using the Services, you agree to be bound by this Terms of Services (these “Terms”) and to the collection and use of your information as set forth in the Privacy Policy available at: [LINK], whether or not you are registered user of our Services. These Terms apply to all visitors, users, members, contributors and others who access the Services (“you” or “User(s)”)

In some instances, a separate document that provides additional conditions may apply to a service or product we offer ("Additional Terms''). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

If you do not agree to the Terms or the Privacy Policy please stop using the Services immediately.

THESE TERMS CONTAIN ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 14 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 14 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

2.Use of the Services

Eligibility. You may use the Services only if (i) you are at least 13 years of age, (ii) you can form a binding contract with DailyEdition, (iii) all registration information you submit is accurate and complete; and (iv) you are not barred or otherwise legally prohibited from accessing or using the Services under the applicable local, state or federal law. The Services may not be available to any User previously removed from using the Services by DailyEdition.

3.DailyEdition Accounts

Your DailyEdition account (“Account”) gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. To open an account, you must provide true, accurate, current and complete information about yourself and maintain and promptly update such information to keep it true, accurate, current and complete.

If you open a DailyEdition account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you are agree to these Terms on the entity’s behalf.

DailyEdition may permit you to connect to our Services with a third-party services, such Facebook or Google (“Third-Party Account”). By linking your Account with a Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to DailyEdition and/or grant DailyEdition access to your Third-Party Account without breach by you of any terms governing your use of such Third-Party Account and without obligating DailyEdition to pay any fees or making DailyEdition subject to any usage limitations imposed by such third-party service providers.

You may never use another User’s DailyEdition account without such person’s express written permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper-and-lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Services with your unique Username, password, or other security code. DailyEdition will not be liable for any losses caused by any unauthorized use of your account.

4. Using DailyEdition Services

Third-Party Content on DailyEdition. Content from other users, advertisers, and other third parties may be made available to you through DailyEdition (“Third-Party Content”). Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Third-Party Content, including advertising and information about third-party products and services; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

You acknowledge that DailyEdition has no obligation to pre-screen any Third Party Content, although DailyEdition reserves the right in its sole discretion to pre-screen, refuse or remove any Third Party Content. In the event that DailyEdition pre-screens, refuses or removes any Third-Party Content, you acknowledge that DailyEdition has done so for its own benefit, not yours. Without limiting the foregoing, DailyEdition shall have the right to remove any Third-Party Content that violates the Terms or is otherwise objectionable.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on DailyEdition.

Representations and Warranties. You represent and warrant that you will use DailyEdition solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on DailyEdition ("your Content"). You understand that you may expose yourself to liability if your Content or other use of DailyEdition violates applicable law or any third-party right.

Restrictions. You agree that you will not, under any circumstances, engage in the following activities:

License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the DailyEdition Materials or any portion of the DailyEdition Materials (as defined below);
Frame or utilize framing techniques to enclose any trademark, logo, or other DailyEdition Materials (including images, text, page layout or form) of DailyEdition;
Use any metatags or other “hidden text” using Company’s name or trademarks;
Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the DailyEdition Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law;
Access the DailyEdition Materials in order to build a similar or competitive website, application or service; and
Remove or destroy any copyright notices or other proprietary markings contained on or in the DailyEdition Materials.

Except as expressly stated herein, no part of the DailyEdition Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Prohibited Activities. You agree not to engage in any of the following prohibited activities:

Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company;
Violate these Terms, the terms of your agreements with us, or any applicable law, rule or regulation;
Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by DailyEdition);
Promote, endorse or further illegal activities;
Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
Imply a DailyEdition endorsement or partnership of any kind without our express written permission;
Copy, modify or create derivative works of DailyEdition Materials or any Content (excluding your Content) without our express written permission;
Sell, resell, rent, lease, loan, trade or otherwise monetize access to DailyEdition or any Content (excluding your Content) without our express written permission;
Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of DailyEdition;
Interfere with, disrupt, or create an undue burden on DailyEdition or the networks or services connected to DailyEdition;
Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to DailyEdition; or
Attempt to circumvent any security feature of DailyEdition.

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. If your account is terminated for any reason, you must obtain written authorization from DailyEdition prior to establishing another account. If you attempt to establish another account without obtaining such authorization, DailyEdition may permanently ban you from the Services. You may not have more than one active account at any time without the written consent of DailyEdition in each instance.

Not use or further disclose Customer Data other than as necessary to render Services, as permitted or required by this Addendum, except as permitted by law;

Use appropriate safeguards to protect the confidentiality, integrity, and availability of and to prevent the use or disclosure of Customer Data other than as provided for by this Agreement.

Report promptly to you any security incident or other use or disclosure of Customer Data not provided for by this Agreement of which Daily Edition becomes aware. Any such report shall be made within thirty (30) calendar days after Daily Edition discovers such impermissible use or disclosure or Breach, unless law enforcement requests a delay in such notice. Daily Edition is under no other obligation to make any report of a Breach of Unsecured Customer Data, including to any individual, state, federal, or other government agency or attorney general, or the media.

Ensure that any subcontractors or agents who receive access to or are exposed to Customer Data (whether in electronic or other format) are explained Daily Edition's obligations under this paragraph and agree to the same restrictions and conditions.

5.Intellectual Property Rights

The Services and the DailyEdition platform are owned and operated by DailyEdition. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by DailyEdition (the “DailyEdition Materials”) are protected by United States or foreign copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Feedback that are provided and owned by the applicable user(s), all DailyEdition Materials contained on the Services are the property of DailyEdition or its subsidiaries or affiliated companies or third-party licensors. All trademarks, services marks, and trade names are proprietary to DailyEdition or its affiliates or third-party licensors. Except as expressly authorized by DailyEdition, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. DailyEdition reserves all rights not expressly granted in these Terms.

As part of the Services, we may, in our sole discretion, permit you to post, upload, publish, submit or transmit your Content. By making available any of Your Content on or through the Services, you hereby grant to DailyEdition a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast and otherwise use your Content on, through or by means of the Services. DailyEdition does not claim any ownership rights in any of your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any of your Content.

6. Feedback

DailyEdition shall be entitled to unrestricted use of any and all comments, suggestions, ideas, concepts with respect to the Services disclosed or offered or submitted by you to us (collectively, “Feedback”). We may use the said Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the Feedback.

7.Disclaimer of Warranties.

THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL MATERIALS, IS MADE AVAILABLE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND DAILYEDITION AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "DAILYEDITION PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE CONTENT ON OR PROVIDED THROUGH THE SERVICES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SERVICES; (D) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SERVICES; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM DAILYEDITION OR VIA THE SERVICES. IN ADDITION, THE DAILYEDITION PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.

The DailyEdition Parties do not make any representations or warranties that the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. The DailyEdition Parties do not warrant that your use of the Services or items are lawful in any particular jurisdiction, and the DailyEdition parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to these terms.

You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of DailyEdition. We are not responsible for any incorrect, inaccurate, or unlawful content (including any information in profiles) posted on DailyEdition, whether caused by users or by any of the equipment or programming associated with or utilized in DailyEdition. Under no circumstances shall we be responsible for any loss or damage resulting from the use of DailyEdition or from any content posted on DailyEdition or transmitted to users, or any interactions between users of DailyEdition, whether online or offline.

8. Limitations on Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANY OF THE DAILYEDITION PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE ACCESS OF, USE OR INABILITY TO USE OUR SERVICES AND/OR CONTENT, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAILYEDITION PARTIES’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100).

9. Anti-Spam Policy

DailyEdition prohibits the sending of unsolicited bulk email or text messages (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient. DailyEdition also prohibits using false headers in emails or falsifying, forging or altering the origin of any email or text message in connection with DailyEdition, and/or any products and Services. DailyEdition prohibits engaging in any of the foregoing activities by using the services of another provider or otherwise.

IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE IN RELATION TO DAILYEDITION'S SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.

10. Indemnity

You agree to defend, indemnify and hold harmless the DailyEdition Parties, 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: (a) your use of and access to the Services; (b) your violation of any term of these Terms, including any breach of your representations, warranties and/or covenants; (c) any use that constitutes a prohibited activity described in Section 4; or (d) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Services.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

11.Third-Party Services

The Services may contain links to third-party platforms or websites (each, a “Third-Party Services”), and you may be able to share your publications on the Third-Party Services through the Services. You acknowledge and agree that we have no control over, and are not responsible for, these Third-Party Services or their use of your personal information. We do not endorse, recommend or vouch for the security of such Third-Party Services. We recommend that you review their terms of Services and privacy policies before accessing and using the Third-Party Services.

12. Governing Law

You agree that (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over DailyEdition, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts, located in San Mateo County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

13. Arbitration

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.Except as provided in subsection 14.9 below and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach thereof, the Privacy Policy, our relationship, or your use or attempted use of the Services or any product or Services, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. The following terms shall apply. You, DailyEdition, or any involved third party may pursue a claim. DailyEdition agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against DailyEdition. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. 13.1 Required Pre-Dispute Procedures.

We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to[Email]. DailyEdition will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with DailyEdition or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in San Mateo County, California to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection 14.9 below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.

13.2 Commencing Arbitration.

You and DailyEdition agree to commence any arbitration proceeding within 1 year after the claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

13.3 Arbitration Location.

If the amount in controversy is $1,000 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in San Mateo County, California unless DailyEdition otherwise agrees to arbitrate in another forum requested by you.

13.4 Organization, Rules, and the Arbitrator.

We each agree that any and all claims other than those exempted under subsection 14.9 below shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection 14.2 above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Mediation Procedures in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or DailyEdition.

13.5 Fees.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

13.6 Governing Law and Award.

The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

13.7 Enforceability.

This provision survives termination of your account or relationship with DailyEdition, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

13.8 Miscellaneous.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and DailyEdition and shall not be modified except in writing by DailyEdition.

13.9 Exceptions.

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and DailyEdition both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. DailyEdition will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in the State of California: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, Services marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by DailyEdition for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of these Terms. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection 14.9 in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection 14.9, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Mateo County, California, and forever waive any challenge to said courts’ jurisdiction and venue.

13.10 Amendments.

DailyEdition reserves the right to amend this arbitration provision at any time. Your continued use of the Services, purchase of any product or Services on or through the Services, or use or attempted use of a DailyEdition product or Services, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, DailyEdition will provide you notice and an opportunity to opt-out. Your continued use of the Services, purchase or use of any products or Services on or through the Services, or use or attempted use of a DailyEdition product or Services, is affirmation of your consent to such material changes.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICES OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT info@dailyedition.ai. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICES YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICES. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

14. Severability

In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of these Terms are deemed to conflict with each other's operation, DailyEdition shall have the sole right to elect which provision remains in force.

15. Non-Waiver

We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

16. Our Termination and Cancellation Rights

We may terminate or suspend the Services or your account or any other provision thereof at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or the DailyEdition account, you are solely responsible for properly canceling your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. If your account is terminated for any reason, you must obtain written authorization from DailyEdition prior to establishing another account. If you attempt to establish another account without obtaining such authorization, DailyEdition may permanently ban you from the Services. You may not have more than one active account at any time without the written consent of DailyEdition in each instance.

17. Assignment

You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.

18. Modifications

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms on a going-forward basis at any time by posting the amended Terms on our website. Please check these Terms periodically for changes. We may provide additional notice, such as an email message or a message within the Services, of any material changes, but such changes will be effective as provided herein whether or not such message is sent or received. Unless we state otherwise, changes are effective seven (7) days following the date posted on our website. If you continue to use the Services after the effective date, you agree to the changes. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms as in effect at the time the dispute arises.

We may also change or discontinue the Services in whole or in part at any time, in our sole discretion. Such changes may include, but not be limited to, stop providing the Services or features of the Services, to you or to DailyEdition users generally, or create usage limits for the Services. Your continued use of the Services indicates your agreement to the changes.

19. Amendments

We may amend these Terms from time to time. If we do so we may notify you by email to the email address you have provided us with, however we are not obliged to, and such modification shall be effective upon our publishing of the revised Terms on the Website. You agree to be bound by and changes to these Terms when you use our Website and Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.

20. DMCA Policy

DailyEdition respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. As part of our response, we may remove or disable access to material, links or references residing on our Website or through our Services that is claimed to be infringing.

DailyEdition does not control content hosted on third party websites and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a DMCA Notice of Infringement, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with DailyEdition’ rights and obligations under the DMCA and, in particular, 17 U.S.C. §512(c), and do not constitute legal advice.

DMCA Notice of Infringement. To file a notice of infringing material, link or reference on the Website, please provide a notification containing the following details:

Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
Your contact information so that we can contact you (for example, your address, telephone number, e-mail address);
A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
Your physical or electronic signature.

Then send this notice to DailyEdition’ Copyright Agent:

Frank Swain

541 Jefferson Ave. Suite 100,

Redwood City, CA 94063

info@dailyedition.ai

DailyEdition Repeat Infringer Policy. It is DailyEdition policy to provide for the termination, in appropriate circumstances, of DailyEdition’s users, customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks, or any other intellectual property.

21. Contact

Please contact us at info@dailyedition.ai with any questions regarding these Terms.