By using ShoppingDaisy.com ("Website"), you agree to these Terms of Usage.
We reserve the right, at our sole discretion, to change, modify, add or remove portions
of these Terms of Usage at any time and without notice. You should check these Terms
of Usage periodically for changes. By using this Website after we post any changes,
you agree to accept those changes, whether or not you have reviewed them. If you
do not agree to these Terms of Usage, you should not use the ShoppingDaisy.com website
or any software or links connected to or associated with ShoppingDaisy. co. ShoppingDaisy.com
is not intended for use by adults 18 years of age or older. IF YOU ARE DISSATISFIED
WITH ANY PORTION OUR WEB SITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR
SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEB SITE.
1. Scope of Terms of Usage Unless specifically indicated elsewhere in this document,
these Terms of Usage apply to your use of the Websites which are owned or operated
by ShoppingDaisy.com. and our affiliates (collectively, "we," "us,"
or "our"), including, without limitation, this Website and any other Websites
that we may own or operate currently or in the future. For purposes of these Terms
of Usage, "affiliates" shall mean any entity or person, directly or indirectly,
owning a controlling interest in, owned by, or under common ownership control with
ShoppingDaisy.com
2. General Terms of Usage By using this Website, you agree to be legally bound and
to abide by these Terms of Usage, just as if you had signed this agreement. If you
do not comply with these Terms of Usage at any time, we reserve the right, if applicable,
to terminate your password, user account, and/or access to this Website (or any
part thereof). At our sole discretion and without prior notice or liability, we
may discontinue, modify or alter any aspect of the Website, including, but not limited
to, (i) restricting the time the Website is available, (ii) restricting the amount
of use permitted, and (iii) restricting or terminating any user's right to use
the Website. You agree that any termination or cancellation of your access to, or
use of, the Website may be affected without prior notice. If you do not abide by
the provisions of these Terms of Usage, you agree that we may immediately deactivate
or delete your user account and all related information and files in your user account
and/or bar any further access to such information and/or files, or our Website.
Furthermore, you agree that we shall not be liable to you or any third party for
any termination or cancellation of your access to, or use of, our Websites. From
time to time, we may supplement these Terms of Usage with additional terms and conditions
pertaining to specific content, activities or events ("Additional Terms").
Such Additional Terms may be placed on the Website to be viewed in connection with
the specific content, activities, features or events and shall be identified as
such. You understand and agree that such Additional Terms are hereby incorporated
by reference into these Terms of Usage.
3. Use of Materials - Restrictions and Limits Unless otherwise specified, we grant
you a non-exclusive, non-transferable, limited right to access, use and display
this Website and the material provided hereon for your personal, non-commercial
use, provided that you comply fully with the provisions of these Terms of Usage.
You acknowledge that ShoppingDaisy.com may contain information, software, photos,
video, text, graphics, music, sounds, questions, creative suggestions, messages,
comments, feedback, ideas, notes, drawings, articles and other materials (collectively,
"Content") that are protected by copyrights, patents, trademarks, trade
secrets and/or other proprietary rights, and that these rights are valid and protected
in all forms, media and technologies existing now or hereafter developed. All Content
is copyrighted under the United States copyright laws (and, if applicable, similar
foreign laws), and we own a copyright in the selection, coordination, arrangement
and enhancement of such Content. All trademarks appearing on this Website are trademarks
of their respective owners. ShoppingDaisy is the trade name and the trademark and
service mark of ShoppingDaisy.com Our commercial partners, suppliers, advertisers,
sponsors, licensors, contractors and other third parties may also have additional
proprietary rights in the Content which they make available on this Website. You
may not modify, publish, transmit, distribute, perform, participate in the transfer
or sale, create derivative works of, or in any way exploit, any of the content,
in whole or in part. You do not obtain any ownership containing any content which
is downloaded onto your computer from ShoppingDaisy.com. Modification of the content
or use of the content for any other purpose, including, but not limited to, use
of any content in printed form or on any other website or networked computer environment
is strictly prohibited unless you receive our prior written consent.
4. Privacy Policy We are committed to protecting your privacy and security. For
more information, you should review our Privacy Policy, which is incorporated into
these Terms of Usage by this reference.
5. Submissions If, at our request or on your own, you send, email, post or otherwise
transmit to us or this Website information, software, photos, video, text, graphics,
music, sounds, questions, creative suggestions, messages, comments, feedback, ideas,
notes, drawings, articles, or other materials (including, but not limited to, posting,
emailing, or otherwise transmitting Postings on any Forum) (collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, our property. Except as provided
in our Privacy Policy, none of the Submissions shall be subject to any obligation
of confidence on our part, and we shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing, you grant us and our successors
and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including
any moral rights) and license (as well as consent) to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to the
public, perform and display any Submissions (in whole or in part and with or without
the use of your name) worldwide and/or to incorporate the Submissions in other works
in any form, media, or technology now known or later developed, for the full term
of any copyrights, trademarks and other intellectual and proprietary rights (collectively,
the "Rights") that may exist in such Submissions. You also warrant that
any third party holder of any Rights, including moral rights in such Submissions,
has validly and irrevocably granted to you the right to grant the license stated
above. You further acknowledge that we and our successors and assigns shall be entitled
to unrestricted use of the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Submissions.
6. Parental or Guardian Permission You must be 18 years or older to use the website
or to purchase any product or service offered on or through the Website.bsite.
7. Links These Terms of Usage apply only to this Website, and not to the Websites
of any other person or entity. We may provide, or third parties may provide, links
to other worldwide Websites or resources. You acknowledge and agree that we are
not responsible for the availability of such external sites or resources, and do
not endorse (and are not responsible or liable for) any content, advertising, products,
or other materials on or available from such Websites or resources. You further
acknowledge and agree that, under no circumstances, will we be held responsible
or liable, directly or indirectly, for any loss or damage that is caused or alleged
to have been caused to you in connection with your use of, or reliance on, any content,
advertisements, software, products or other resources available on this or on any
other Website (regardless of whether we directly or indirectly link to such content,
advertisements, products or other resources). You also acknowledge that any software
affiliated with ShoppingDaisy.com is provided as is and with no warranty. You should
direct any concerns with respect to any other Website to that Website's administrator
or webmaster. If for any reason you do not agree to these terms you should not use
the ShoppingDaisy.com website.
8. Copyright Complaints We respect the intellectual property of others, and we ask
our users to do the same. We may, in appropriate circumstances and in our discretion,
terminate the rights of any user to use our Website (or any part thereof) who infringe
the intellectual property rights of others. If you believe that your work has been
copied in a way that constitutes copyright infringement or are aware of someone
doing so, please contact our designated agent for notice of claims of copyright
infringement by using our Contact Page.
9. Disclaimers of Warranties PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF
WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY,
SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER ShoppingDaisy.com, ANY OF OUR AFFILIATES,
NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS
WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS
THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER ShoppingDaisy.com, ANY
OF OUR AFFILIATES, COPYRIGHT OWNERS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS,
LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS
IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHERMORE, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR
PERSONNEL OR THROUGH THIS WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED
FOR IN THESE TERMS OF USAGE.
10. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE ShoppingDaisy.com
SITES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE ShoppingDaisy.com SITES
OR ANY WEBSITE OR WEBSITES LINKED TO THE ShoppingDaisy.com SITES, (C) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO, THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR
WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
11. Indemnification You agree to indemnify, hold harmless and, at our option, defend
ShoppingDaisy.com and our owners, affiliates, and our and their officers, directors,
employees, stockholders, agents and representatives from any and all third party
claims, liability, damages and/or costs (including, but not limited to, reasonable
attorneys fees and expenses) arising from your improper use of this Website or our
products or offerings, your violation of these Terms of Usage, or your infringement,
or the infringement or use by any other user of your account, of any intellectual
property or other right of any person or entity.
12. Governing Law and Choice of Forum These Terms & Conditions shall be governed
by and construed in accordance with the laws of Tennessee without giving effect
to any principles of conflicts of law. You agree that any action at law or in equity
arising out of or relating to your use of this Website or these Terms of Usage shall
be filed only in the state or federal courts located in Tennessee and you hereby
consent and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action.
13. Miscellaneous Terms In any action against us arising from the use of this Website,
we the owner/owners of ShoppingDaisy.com shall be entitled to recover all legal
expenses incurred in connection with the action, including but not limited to its
costs, both taxable and non-taxable, and reasonable attorney's fees. If any
provision of these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions. These Terms of Usage,
together with the Subscription Agreement (if applicable), are the entire agreement
between you and us relating to the subject matter herein. If you are a subscriber
to one of our online subscription offerings or products, in the event of any conflict
between these Terms of Usage and the Subscription Agreement, the Subscription Agreement
shall control.
14.These Terms of Usage may be modified only by our posting of changes to these
Terms & Conditions on this Website, or by written agreement of both parties.
Each time you access this Website, you will be deemed to have accepted any such
changes. We may assign our rights and obligations under these Terms of Usage. These
Terms of Usage will inure to the benefit of our successors, assigns and licensees.
The failure of either party to insist upon or enforce the strict performance of
the other party with respect to any provision of these Terms & Conditions, or
to exercise any right under the Terms of Usage, 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. © 2011 ShoppingDaisy.com. All Rights Reserved.
|