March, 2023
By visiting or using a website or application owned or controlled by daily room, including our affiliated companies (referred to as “daily-room,” “we,” “our,” or “us”), or any of our products, software, data feeds, video player, and services provided to you by daily room (collectively the “Service”), you indicate your agreement to the following: (I) these terms and conditions (referred to as the “Terms of Service”); and (II) our privacy policy (referred to as the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to any of these terms or the Privacy Policy, please refrain from using the Service.
While we may attempt to notify you of major changes to these Terms of Service, it is advisable to periodically review the most up-to-date version. We reserve the right, at our sole discretion, to modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. These Terms of Service do not confer any third-party rights or benefits.
Service
These Terms of Service apply to all users of the Service, including those who contribute content (referred to as “Content”) to the Service. “Content” encompasses text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials that you may view on, access through, or contribute to the Service.
Certain products, services, features, functionality, and content made available through the Service are delivered by third parties. By accessing or using any product, service, feature, functionality, or content originating from the Service, you acknowledge and consent to the sharing of information and data with third parties with whom we have a contractual relationship to provide the requested product, service, feature, functionality, or content for our users.
The Service may include links to third-party websites that are not owned or controlled by us. We do not have control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. Additionally, we do not censor or edit the content of any third-party website. By using the Service, you release daily room from any and all liability arising from your use of any third-party website.
Therefore, we encourage you to be cautious when leaving the Service and to review the terms and conditions and privacy policy of each website you visit.
Accounts and Third-Party Accounts
To access certain features of the Service, you may need to create an account. You must not use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If there is any breach of security or unauthorized use of your account, you must notify us immediately.
While we are not liable for any losses resulting from unauthorized use of your account, you may be held liable for losses incurred by daily room or others due to such unauthorized use.
You may have the option to connect your account on our Service to your third-party accounts on other services (e.g., Facebook or Twitter). By connecting your account to your third-party accounts, you acknowledge and agree that you consent to the continuous release of information about you to others in accordance with your privacy settings on those third-party sites. If you do not want information about you to be shared in this manner, refrain from using this feature.
General Use of the Service – Permissions and Restrictions
We grant you permission to access and use the Service as outlined in these Terms of Service, provided that:
- You agree not to distribute any part of the Service or the Content without our prior written authorization, unless we provide means for distribution through functionality offered by the Service, such as an authorized embeddable video player (“Embeddable Player”) or other designated means.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any means other than the Service itself, an Embeddable Player, or other explicitly authorized means we designate.
- You agree not to use the Service for any commercial uses without obtaining our prior written approval, including:
- Selling access to the Service.
- Selling advertising, sponsorships, or promotions placed on or within the Service or Content.
- Selling advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from us appears on the same page and has sufficient value to be the basis for such sales.
However, the above prohibited commercial uses do not include:
- Uploading original videos or maintaining an original channel on the Service to promote your business or artistic enterprise.
- Displaying our videos through an Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions outlined herein.
- Any use that we expressly authorize in writing.
If you use an Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including links back to the Service.
You agree not to use or launch any automated system, such as “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that exceeds a human’s reasonable request volume within a given time period. However, public search engines are granted permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices, excluding caches or archives. We reserve the right to revoke these exceptions at our discretion. You also agree not to collect personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You further agree not to solicit users of the Service for commercial purposes regarding their Content.
While using the Service, you must comply with all applicable laws.
We reserve the right to discontinue any aspect of the Service at any time.
Your Use of Content
In addition to the general restrictions mentioned above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, including trademarks, service marks, and logos (“Marks”), is owned by or licensed to daily room, subject to copyright and other intellectual property rights. Content is provided to you “AS IS.” You may access Content for your personal use and information solely as intended through the Service’s functionality and under these Terms of Service. You shall not download any Content unless there is a “download” or similar link displayed by us on the Service for that specific Content.
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or exploit any Content for any purposes without our prior written consent or the consent of the respective licensors of the Content. Daily room and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable, or interfere with security-related features of the Service or features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service or the Content.
You understand that when using the Service, you may be exposed to Content from various sources, and we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of such Content. You acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive any legal or equitable rights or remedies you may have against us in relation to such Content, to the extent permitted by applicable law. You also agree to indemnify and hold daily room, its owners, operators, affiliates, licensors, and licensees harmless regarding all matters related to your use of the Service.
Your Content and Conduct
As an account holder, you may have the ability to submit Content to the Service, including videos and user comments. You understand that we do not guarantee any confidentiality with respect to any Content you submit.
You are solely responsible for your own Content and the consequences of submitting and publishing it on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit. By submitting Content to the Service, you grant daily room a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and daily room’s business. This includes promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Service a non-exclusive license to access your Content through the Service and use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The licenses granted in video Content you submit terminate within a commercially reasonable time after you remove or delete your videos from the Service. However, you understand and agree that we may retain server copies of your removed or deleted videos, although we will not display, distribute, or perform them. The licenses granted in user comments you submit are perpetual and irrevocable.
You further agree that the Content you submit to the Service will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights unless you have the permission from the rightful owner or are otherwise legally entitled to post the material and grant us the license rights granted herein.
You also agree not to submit any Content or other material that violates these Terms of Service or applicable laws and regulations.
We do not endorse any Content submitted to the Service by users or other licensors, including any opinions, recommendations, or advice expressed therein. We expressly disclaim any liability in connection with such Content. We do not permit copyright-infringing activities or infringement of intellectual property rights on the Service, and we will remove any Content if properly notified that it infringes on another’s intellectual property rights. We reserve the right to remove Content without prior notice.
Use of Communication Services
The Service may include bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, or other message or communication services (collectively referred to as “Communication Services”). By using a Communication Service, you agree to use it only to post, send, and receive messages and material that are appropriate and relevant to that particular Communication Service.
When using a Communication Service, you agree not to defame, abuse, harass, stalk, threaten, or violate the legal rights of others. You also agree not to publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content. Additionally, you must not upload files that contain software or other materials protected by intellectual property laws unless you own or control the rights to them. You should not upload files that contain viruses, corrupted files, or any other similar software or programs that may harm another’s computer. Conducting surveys, contests, pyramid schemes, or chain letters, or engaging in any other activity that violates applicable laws or regulations, is also prohibited.
While we are not obligated to monitor the Communication Services, we reserve the right to review materials posted in them and remove any materials at our sole discretion. We may terminate your access to any or all Communication Services without notice for any reason.
We reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. We may also edit, refuse to post, or remove any information or materials, in whole or in part, at our discretion.
When using Communication Services, exercise caution when providing personally identifying information about yourself or your children. We do not control or endorse the content, messages, or information found in any Communication Service, and we disclaim any liability associated with them.
Account Termination Policy
We will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
We reserve the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as pornography, obscenity, or excessive length. We may, at any time and at our sole discretion, remove such Content and/or terminate a user’s account for submitting material in violation of these Terms of Service.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”).
If you believe that your Content that was removed or to which access was disabled is not infringing or that you have the necessary rights to post and use the material, you may send a counter-notice to our Copyright Agent.
Warranty Disclaimer
Your use of the Services is at your sole risk. We, along with our officers, directors, employees, and agents, disclaim all warranties, express or implied, in connection with the Services and your use thereof. We make no warranties or representations about the accuracy or completeness of the Content on the website or any linked websites and assume no liability or responsibility for any errors, mistakes, or inaccuracies of Content. We also do not guarantee the security of our servers or the transmission of information over the internet. We disclaim any responsibility for any personal injury or property damage resulting from your access to and use of the Services. Furthermore, we do not warrant or endorse any products or services offered by third parties through the Services.
Limitation of Liability
In no event shall daily room, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of Content, personal injury or property damage, unauthorized access to or use of our servers or personal information, interruption or cessation of transmission to or from the Services, bugs, viruses, or similar harmful components transmitted by third parties, or any other loss or damage incurred as a result of your use of any Content or the Services, whether based on warranty, contract, tort, or any other legal theory. We will not be liable for any actions or content of third parties or for any loss or damage resulting from the use of any third-party products or services.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold daily room, its parent corporation, officers, directors, employees, and agents harmless from any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Services, your violation of these Terms of Service, your violation of any third-party rights, or any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
Ability to Accept Terms of Service
By using the Services, you affirm that you are of legal age to enter into these Terms of Service, or if you are a minor, that you have the consent of a parent or guardian to use the Services. If you are under 13 years of age, please do not use the Services.
Assignment
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by daily room without restriction.
General
The Service is deemed to be based in California, and these Terms of Service are governed by the internal substantive laws of the State of California. Any claim or dispute arising from these Terms of Service or your use of the Services shall be governed by and construed in accordance with the laws of the State of California. Any legal action or proceeding arising out of or relating to these Terms of Service shall be exclusively subject to the jurisdiction of the JAMS Arbitration in Los Angeles County, California. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and daily room regarding the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time without notice, and your continued use of the Services after such amendments will signify your acceptance of the updated terms.
Notice for California Users
California users have certain consumer rights under California Civil Code Section 1789.3. For further information, please refer to the specific consumer rights notice provided by the California Department of Consumer Affairs.
Contact Information
If you have any questions regarding these Terms of Service, you may contact us at [email protected].