Portions of DailyDead.com provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect the views of DailyDead.com and DailyDead.com does not endorse or screen any Postings, nor shall DailyDead.com be liable for any Posting that is in violation of this agreement. In no event shall DailyDead.com have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to DailyDead.com to enforce the provisions of this agreement, including, without limitation, blocking specific IP addresses or deactivating your ability to post comments on DailyDead.com.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
Rules of Conduct
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow/enable others to use, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk messages, or “spamming” of any of the messaging or recruiting features of the website;
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, User Information or other computers, web sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
Disclaimer and Limitations of Liability
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, DailyDead.com is not responsible or liable for any delays, inaccuracies, errors, or omissions arising out of your use of the Site. As between you and DailyDead.com you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DAILYDEAD.COM ANY OF ITS SUBSIDIARIES, AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
You agree to indemnify, defend and hold DailyDead.com, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this agreement by you.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this agreement, please email firstname.lastname@example.org .