PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
1. Acceptance of Terms & Conditions of Use
As used herein, “Site” refers to DATEDAILY
DATEDAILY is provided free of charge to you. If you sign on to DATEDAILY as a guest, these Terms of Use will govern your use of DATEDAILY, including access to message boards and other features. If you register as a member of the DATEDAILY, these Terms of Use will govern your use of the Site, including access to message boards, and your personal website(s) / blog(s) that may be provided to you in connection with DATEDAILY.
BY SIGNING ON TO DATEDAILY AåS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE “LOG IN” OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use, together with any applicable additional Terms of Use posted in connection with a particular service, product, digital product, event, or course govern your use of DATEDAILY and all services, products, digital products, events, and courses provided in connection with the Site, including but not limited to any course, service, product, digital product, events, or personal website(s) / blog(s) provided to you by DATEDAILY. DATEDAILY shall not be liable to you for any breach of these Terms of Use. If you do not agree to these Terms of Use, please do not register for or enter the Site.
The Terms of Use for your continued use of DATEDAILY will be available throughout the Site. Please check these areas before using DATEDAILY to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate your registration with DATEDAILY immediately by (i) notifying DATEDAILY of your unwillingness to accept the changes to the Terms of Use; and (ii) discontinuing your use of the Site. Your continued use of DATEDAILY will signify your acceptance of any change in the terms and conditions set forth herein.
Unauthorized distribution, sale, copying, access, publication, reproduction, retransmission, exploitation (commercial or otherwise), or any other form of transfer of any portion of DATEDAILY, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
2. Registration Information/Privacy Policy
When you register for DATEDAILY, you will be required to provide DATEDAILY with the following information: your name, e-mail address, zip code, country, gender, birth date, member name, and password. In addition, you may choose to provide the DATEDAILY with additional information, including your mailing address, household income, education, marital status, and employment status.
Any information provided by you or gathered by the Site or third parties during any visit to DATEDAILY shall be subject to the terms of DATEDAILY’s Privacy Policy.
If you wish to read DATEDAILY’s Privacy Policy, please click here. DATEDAILY reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
DATEDAILY reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal DATEDAILY website, if DATEDAILY learns that you have provided the Site with false or misleading registration information.
3. Termination
DATEDAILY reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your registration(s) with or ability to access the DATEDAILY and/or any other service, specific content, digital products, products, courses or events, provided to you by the Site, including any personal website(s) / blog(s), upon any breach by you of these Terms of Use or otherwise.
4. Modifications of these Terms of Use
DATEDAILY may modify these Terms of Use from time to time in its sole discretion. Each time you log on to the DATEDAILY, you will be deemed to have accepted any such changes. In the event we modify these Terms of Use, we reserve the right to provide you notice of such changes to any e-mail address you have provided to DATEDAILY, or post office address you have provided to THE Site.
5. Modifications of DATEDAILY
DATEDAILY may modify or discontinue the Site, or any portion thereof or any services, digital products, products, events, or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Content of Messages
You alone are responsible for the content of your messages, and any consequences of such messages. DATEDAILY reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber’s information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed a violation of these Terms of Use. DATEDAILY is to be used by you for your personal use only. Commercial uses of DATEDAILY are strictly prohibited unless prior written consent from the Site has been granted. You agree that you will not use DATEDAILY for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use DATEDAILY to send or post on message boards or any place on the Site, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by DATEDAILY in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Site. DATEDAILY reserves the right to delete any such material from the Site. DATEDAILY will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of the Site. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use DATEDAILY to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) DATEDAILY permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Site, copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on DATEDAILY is not protected by Rights rests with you. You acknowledge that DATEDAILY may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any “public area” of the Site, including message boards, forums, contests, personal websites and chat rooms, you grant DATEDAILY a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display the content (in whole or in part) worldwide and/or 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 content. You also warrant that the holder of any Rights, including moral rights in such 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 subscriber to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on DATEDAILY retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE SITE, YOU HEREBY EXPRESSLY PERMIT DATEDAILYTO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY DATEDAILY’S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
7. Third Party Services
You may order services or merchandise through DATEDAILY from other persons not affiliated with DATEDAILY (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. DATEDAILY makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider DATEDAILY nor will DATEDAILY be construed as a party to such transactions, whether or not DATEDAILY may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
DATEDAILY may include special routing icons which may be located within the Site, the activation of which will allow you to access and learn more about DATEDAILY and other services provided by DATEDAILY whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
8. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify DATEDAILY of any unauthorized use of your registration or password.
9. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on DATEDAILY may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to:
CANADA DATEDAILY Attn: General Counsel /Terms of Use Administrator 4200 St. Laurent suite 550 Montreal, QuebecCanada, H2W 2R2 USA DATEDAILY Attn: General Counsel /Terms of Use Administrator
334 Cornelia St, #354 Plattsburgh, NY United States, 12901
You can also send a detailed e-mail message to legalcopyright @ datedaily.com.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF DATEDAILY, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS, AND PRODUCTS PURCHASED THROUGH THE SITE, IS AT YOUR SOLE RISK. DATEDAILY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DATEDAILY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DATEDAILY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DATEDAILY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. DATEDAILY WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DATEDAILY IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT DATEDAILY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE SITE. DATEDAILY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER DATEDAILY NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. DATEDAILYENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
DATEDAILY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE SITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN DATEDAILY IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATEDAILY OR THROUGH THE SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
DATEDAILY MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS, OR PRODUCTS PURCHASED OR OBTAINED THROUGH DATEDAILY OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
DATEDAILY IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE SITE. AS A CONVENIENCE TO OUR MEMBERS, WE MAY LINK DIRECTLY TO OUTSIDE WEBSITES. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY, OR LEGALITY OF ANY SITES TO WHICH DATEDAILY MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST THE SITE WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, DATEDAILY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. DATEDAILY SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE SITE, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY DATEDAILY AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE SITE, YOU WAIVE ANY CLAIMS AGAINST DATEDAILY FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
11. Limitation of Liability
DATEDAILY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE DATEDAILY OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF DATEDAILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. E-Mail Message Storage
DATEDAILY assumes no responsibility for the deletion of or failure to store e-mail messages.
13. Promotional Messages
DATEDAILY and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. DATEDAILY makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither DATEDAILY nor such third party shall have any liability with respect thereto.
14. Indemnification
You agree to indemnify and hold the Site, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
15. Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec, without giving effect to its conflicts of laws provisions. By registering for or entering DATEDAILY, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Montreal, Quebec, Canada.
16. Remedies for Breach of these Terms by You
In the event that DATEDAILY determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the Site, DATEDAILY reserves the right to (i) warn you via email (to any email address you have provided to the Site) that you have violated these Terms of Use; (ii) delete any or all content provided by you or your agent(s) to the Site; (iii) discontinue your registration(s) with DATEDAILY and/or any other DATEDAILY community; (iv) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the Site; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which DATEDAILY deems appropriate.
If your registration(s) with or ability to access the Site, any other DATEDAILY community and/or any other service, product, content, course, event, tool or digital product provided to you by DATEDAILY is discontinued by DATEDAILY due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the community of the Site, then you agree that you shall not attempt to re-register with or access the Site, any other DATEDAILY community and/or any other digital product, course content or service provided by the Site, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, DATEDAILY reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
17. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
DATEDAILY may assign its rights and obligations under these Terms of Use and upon such assignment DATEDAILY may be relieved of any further obligation hereunder.
You represent to DATEDAILY that you have the authority to register with or visit DATEDAILY according to these Terms of Use. DATEDAILY does not encourage, solicit, or permit visitors who are known to be under the age of 18 to become a member of or visit the Site.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on DATEDAILY) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of the Site, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
DATEDAILY reserves the right to terminate free access to DATEDAILY including any or all content, services, digital products, products, events, courses or tools with or without notice to you. DATEDAILY reserves the right to provide you with notice of such change by prominently posting a notice on DATEDAILY and/or sending written notice to you at any e-mail and/or post office address you have provided to the Site. Once free access is terminated DATEDAILY may charge each subscriber any applicable fee, surcharge and/or membership fee for access to DATEDAILY and/or any for-pay content, services, digital products, products, events, tools or products.