Legal Notice of Terms and Conditions of Use for DailyJoust.com
DailyJoust.com ("Web Site", "DJ") is an interactive online service operated by Daily Joust Inc. ("Company" or "we," "our," or "us"). Daily Joust Inc. is located at 530 Lytton Avenue, Palo Alto, California 94301.
We may, in our sole discretion, modify, restrict, change, or otherwise alter the Agreements or the Web Site, in whole or in part, impose limits on certain features or Services on the Web Site or restrict your access to part or all of the Web Site. By continuing to access and use the Web Site you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations. We may not notify you of changes, alterations or modifications to the Agreements that are necessary or desirable, as we determine in our sole discretion.
You must be at least 18 years of age to open an account, participate in contests, or win prizes offered by the Web Site. In jurisdictions, territories, and locations where the minimum age for permissible use of the Web Site by you is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least 19 years of age at time of contest registration if you are a legal resident of Alabama or Nebraska. Legal Residents of all 50 states and Washington DC, excluding Arizona, Iowa, Louisiana, Montana and Vermont, are eligible to open an account and participate in contests offered by the Web Site. Residents of Quebec, Canada are not eligible to open an account and participate in contests offered by the Web Site. Legal residents of the excluded states are ineligible for prizes offered by the Web Site, and are not allowed to open or maintain accounts on the Web Site. Legal Residents of Canada are eligible to open an account and participate in contests offered by the Web Site.
You may establish only one account per person to participate in the activities offered on the Web Site. In the event Daily Joust discovers that you have opened more than one account per person, in addition to any other rights that Daily Joust may have, Daily Joust reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
Daily Joust Inc. employees may use the Web Site for the purpose of testing the user experience, but may not withdraw money or prizes for themselves.
The Web Site is intended for the users' personal enjoyment. You agree and acknowledge that the Web Site and any community areas including but not limited to blogs, chat rooms, etc ("Community Areas") on the Web Site are public and not private communications. Web site users ("Users") shall use the Web Site for lawful purposes only. On occasion, Community Areas may be hosted or moderated by a third party. Any statement, action, or opinion that a third party host or moderator expresses shall be his or her own and does not represent the views or opinions of DailyJoust. You agree that we shall be neither responsible nor liable for any statement, action, or opinion made by you or any third party in such Community Areas. While we cannot review every Community Area or the placement of every link, and are not responsible for the content or the placement of any link to another site, we reserve the right to delete, move or edit content, blogs, and chat rooms or have such links removed if they are inaccurate, abusive, defamatory, obscene, in violation of an existing copyright or otherwise unacceptable in their nature or placement.
DailyJoust Inc. promotes and supports active and open debate among its members. All we ask is that it's done in a lawful and civil manner - be it on, blogs, chat rooms or other Community Areas or using our systems to message other members directly ("User Content"). Accordingly, you agree to use the Web Sites for lawful purposes only. You may not use or allow others to use your Web Site account to: Post or transmit or link to any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person; Post or transmit any material that you don't have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements); Post, transmit, or link to sexually explicit material; Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity; Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes; Intentionally violate any other applicable law or regulation while accessing and using the Web Site; Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
DailyJoust Inc. may at any time, without prior notice and at our sole discretion, remove any post or terminate your membership for violating the above provisions. You agree to indemnify DailyJoust Inc. and hold us harmless from any actions, claims, proceedings, or liabilities arising out of violation of these terms and conditions by you or other users. You're responsible for all statements made and acts that occur through the use of your user name and password. You should not disclose your password to anybody. If it has been lost or stolen, go to the My Account section of the web-site and change your password and let us know as soon as possible.
DailyJoust Inc. does not claim ownership of User Content. However, you hereby grant DailyJoust Inc. a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed.
Restrictions On Use Of Materials
All information, content and materials contained on DailyJoust Inc. Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content or material from the Web Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. The Web Site is only for your personal use. You may not use the Web Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work.
If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, anything that you submit to DailyJoust Inc. including but not limited to ideas, reviews, comments, suggestions, or products, DailyJoust Inc. shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works from such submissions.
Registration Information and Security
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof).
You also agree to promptly notify us at support@DailyJoust.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Web Site. In addition, you agree to exit from your account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
Payment For Services
Users agree to pay for services offered by the Web Site through funded DailyJoust accounts at the time of registration. Contest fees are nonrefundable after registration has occurred. In the event of a contest cancellation, contest entry fees will be returned to the User's account. All charges to User's accounts, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. DailyJoust Inc. reserves the right to change the amount of, or basis for determining, any fees or charges for the Services, and to institute new fees or charges effective upon prior notice to Users.
User's right to use the Services is subject to any limits established by DailyJoust Inc. or, where applicable, by User's credit card issuer. If payment cannot be charged to User's credit card or PayPal account or User's charge or PayPal transaction is returned to DailyJoust Inc. for any reason, DailyJoust Inc. reserves the right to either suspend or terminate User's access and account, thereby terminating this Agreement and all obligations of DailyJoust Inc. hereunder. DailyJoust Inc. agrees that it will terminate User's account upon proper notice from User. DailyJoust Inc. reserves the right to void any fantasy contests that were entered using account funds that were obtained from deposits that were later reversed for any reason. In the event of a settled contest being voided, all prizes will be returned to Daily Joust Inc., and all entry fees will be returned to the users accounts participating in the voided fantasy league. The amount of any reversals will then be removed from the user account with the reversal. Users may request the return of funds from their account at any time. Legitimate fund requests will be immediately debited from the User's account and be processed within three business days of the request. Recent, refundable credit card and PayPal account deposits will be refunded and the amount of the refund(s) deducted from the fund request amount prior to processing. Requests by check will be mailed to the User's mailing address on the account. If a User has reason to believe that his/her account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of User's ID, password, or any credit, debit or charge card number stored on the Services), User must promptly change his/her password and notify Daily Joust Inc. of the problem to avoid possible liability for any unauthorized charges to User's account. Requests by PayPal will be sent to the Daily Joust Account ID on file.
Contests, and/or Promotions
Guaranteed prizes are offered in connection with many of the Services offered by the Web Site. Each contest or promotion is governed by its own set of official rules. We encourage you to read such contest and promotions Rules before participating.
All federal, state, local, and provincial laws and regulations apply. These Contests are games of skill. Contests offered by the Web Site may not be used for any form of gambling. Taxes for all prizes won on the Web Site if any, are the sole responsibility of the prizewinner. Daily Joust Inc. complies with IRS reporting requirements as required when certain prize amount thresholds are met.
Registration for Services
In most cases, to gain access to the Services, you must register on the Web Site. When and if you register to become a member, you agree to provide accurate, current, and complete information about yourself as prompted by the appropriate registration form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Web Site.
As part of the registration process, you will be asked to select a user name and password. We may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Bots, Scripts or other Automated Software
The web site is not intended for use by automated software tools and scripts. We reserve the right to terminate your account due to unauthorized use of automated tools, scripts, software or bots which are simulating you as a user and which may affect the site experience for other users.
Links To Other Web Sites
Our Linking Policy
Third Party Content and Information
The Web Site contains Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Web Site or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
Descriptions of, or references to, products, services or publications within the Web Site do not imply endorsement of that product, service or publication.
Disclaimer Of Warranties
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITES AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THE WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Governing Law and Interpretation
This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States, without regard to their conflict of laws provisions and the only venue in which any claim arising out of this Agreement may be brought shall be in Palo Alto, California.
Jurisdiction and Venue
Termination and Effect of Termination
In addition to any other legal or equitable remedy, DailyJoust Inc. may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of DailyJoust Inc. Site. DailyJoust Inc. may revoke any password(s) and/or account identification issued to you and deny you access to and use of Web Site. Any such action shall not affect any rights and obligations arising prior thereto.