Terms of Service
DESCRIPTION OF SERVICE.
The Service provides you with recommendations (“Recommendations”) for news articles, graphics, photographs, images, illustrations, software, audio clips and video clips (“Content”). Some Recommendations may consist of Content that our customers pay us to promote (“Promoted Content”). These Recommendations generate revenue (“Promotional Revenue”) for the Site from customers selected by Night Daily in its sole discretion. If you use the Service without registering on the Site, this Recommendation functionality will be automatically provided as part of the Service. If you register on the Site, you may control the settings for the Recommendation functionality, as described on the Night Daily Dashboard and in Section 6 below.
LICENSE OF Night Daily SERVICE.
License Restrictions. You shall not use the Code in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“Spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, gambling, professional services regulated by state licensing regimes, weapons and accessories. You shall implement the Services in a timely manner in accordance with all reasonable instructions notified to you by Night Daily from time to time. You shall implement the Service in such a way that the look and feel of the Service shall not be confusingly similar with any other third party provider on your Site.
- to abuse, harass, threaten, impersonate or intimidate other Night Daily users or Content providers;
- in any manner that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Night Daily user;
- to create or submit Spam to any other Night Daily users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- via use of any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
- to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Service infrastructure;
- to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- to bypass any measures we may use to prevent or restrict access to the Site;
with the intention of artificially altering the Recommendations, or any other Night Daily service, including by way of creating separate user accounts for the purpose of artificially altering Night Daily‘s services; artificially inflating clicks on Recommendations or Promoted Content, or participating in any other organized effort that in any way artificially alters the results of the Service.
The following sites are strictly prohibited from using the Service and Night Daily will actively terminate the Service from sites it finds to be in violation of these prohibitions: sites displaying adult, obscene, pornographic, libelous, infringing abusive or defamatory content, sites participating in, or encouraging participation in, illegal activities, sites that promote hate and discrimination, sites that facilitate the sale of firearms or illegal drugs. In addition, Night Daily reserves the right in its sole editorial discretion to disable its Service on any site.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE.
Limited License to Use Content. If you are a Partner, by submitting any Content, you hereby grant Night Daily a limited, non-exclusive, fully paid-up, royalty free, worldwide right to use such Content and your registered and unregistered trademarks, service marks, trade dress, graphics or logos (“Partner Marks”) in any of the following: (i) on the Site, any Night Daily blog or newsletter; (ii) on any business development, commercial sales materials, or press releases; (iii) as any part of the Service; (iv) or in any other reasonable manner that a Partner might expect Night Daily to use its Partner Marks.
LIMITATION OF LIABILITY.
TERM AND TERMINATION.
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws or regulations. By downloading or using the Service and the Data, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
Night Daily, and other Night Daily marks, graphics, logos, designs, page headers, button icons, scripts, and service names comprise registered and unregistered trademarks, service marks and trade dress of Night Daily in the U.S. and/or other countries (the “Night Daily Marks”). Other trademarks, service marks and trade names used on the Service are the property of their respective owners. Without Night Daily‘s prior written authorisation, you agree not to display or use in any manner the Night Daily Marks; however, a Partner may blog about its use of the Service at any time without such authorisation, so long as Partner sends the blog post to Night Daily prior to or concurrent with publishing the blog post.
We respect the intellectual property rights of others and require that those who use the Service do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Night Daily‘s Copyright Agent named below:
- A physical signature of the person authorised to act on behalf of the owner of the copyright;
- description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: Night Daily., c/o legal counsel, lion house, 72-75 Red Lion Street, Holborn, London; [email protected]
QUESTIONS OR COMMENTS.
Any questions or comments regarding, or problems with, the Service should be sent to the Website Administrator at [email protected].