Daily Take is a web site and a subscription-based email service that sends members a great video daily. The internet is so vast it takes time to get to the good stuff and know what to watch. Daily Take takes the work out of wasting time by doing the searching for you.
Users may visit our Site to view each day’s video, and may sign up to receive a daily, weekly, or monthly email with links to the videos we choose. Users may also point us to noteworthy videos we may want to feature. We pay $50 to the first user (designated in our sole discretion) who suggests a video that we end up using.
Our Site and Service is provided by Daily Take personal, non-commercial enjoyment, subject to these terms and conditions of use.
This Is A Binding Legal Contract
This binding legal contract provides important information about Daily Take, and defines your rights, responsibilities and benefits as a user. By using or accessing this website, or subscribing to our service, you agree and enter in to this contract. You should therefore take the time to read and understand this entire document. We may alter this contract from time to time, and you are bound by these changes if you continue to use the site after we post the change on the Site.
To understand this contract, you will need to know some details and terminology. Dailytake.com (referred to as the “Site”) is a Web site (the “Site”) owned and operated by Daily Take LLC (”we”, “our”, “us” “Daily Take” or the “Company”). We refer to our subscription service as the “Service.” We sometimes use the terms Site and Service interchangeably, because anything in this agreement, such as your assent to a provision, applies to both the Site and Service. “You” and “your” refers to the user of the Service. We refer to signing up for regular emails as “subscribing.” We refer to pointing out a video to us for possible inclusion on the Site as “submitting” a video.
These Terms and Conditions apply to all users of our Site and Service, including those who simply visit the Site, those who subscribe to our email service, and those who submit videos—although different parts of this agreement relate to different aspects of our Site and Service
Eligibility.
To use our Service or access our Site, you must be at least 15 years old (or such older minimum age as may be required by applicable law). By using the site, by subscribing and/or by submitting a video, you warrant and promise us that you meet this age requirement and that you agree to all the terms and conditions in this contract.
Your Use Of Our Service: Your Obligations.
We grant you permission to use our Service and Site provided that you agree to abide by the terms and conditions set forth in this contract.
In order to subscribe to our Service and access the Site, you will provide us with your email address. You agree not to use another person’s email without permission. You also agree to our Privacy Policy, stated below, and represent that you have read it.
The content on this Web Site is intended for entertainment purposes only. You agree not to use the Site for commercial purposes and to refrain from modifying, copying, publishing, displaying, transmitting, adapting or in any way exploiting the content of the Site or the videos we feature. Only if you obtain prior written consent from us, and from all other entities with an interest in the relevant intellectual property, may you publish, display or commercially exploit any material from the Web Site.
Besides the basic obligations of law (which you promise to obey), you must agree to abide by our own rules and regulations in order to use our Site and Service. They are listed below. You must strictly adhere to these rules. You represent and warrant that you have read them carefully and will follow them to the letter.
You will not submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violates any law, or is otherwise inappropriate.
You will not seek to promote any business.
Rules For Submission of Videos
You are solely responsible for your conduct (and the conduct of anyone using your account) while using our Service, including the Content you submit. Just as in the real world, things you do within our site can subject you to criminal, civil or regulatory penalties. We are not responsible or liable for anything you do online. You also agree to waive any liability or claim against us for others’ conduct that harms you.
You agree that your use of our Service will conform to the requirements of the law and respect for the rights of others. For example, you will not submit videos that we are not allowed to include on our site due to copyright or other laws, You will not use our Service or Site to harm or deceive anyone (including us) in any way.
You may not submit videos that could subject us to any legal liability or penalty, whether civil, criminal, regulatory or otherwise, or that violate of any law or regulation, or are otherwise contrary to commonly accepted community standards, or is prohibited. As you will see below, you will have to reimburse us if we get in trouble or lose money because of something that you do.
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them.
We Can’t Vouch For The Videos You Encounter Here
You understand that when using the our Site or Service, you will be exposed to videos from a variety of sources, and that Daily Take is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such communications.
You further understand and acknowledge that you may be exposed to content and communications that are inaccurate, offensive, indecent, or objectionable.
User Submissions For Which You Own The Copyright
With regard to user submissions for which you own the copyright, or to the extent that you are able to grant rights as contemplated by this paragraph, you grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the our Service and Site (and their successor’s), including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also grant each user of our Site a non-exclusive license to access your submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through the functionality of the Site and Service.
Modifications To This Agreement And The Service.
We have the right, at our sole discretion, to modify this Agreement, or the Service or Site, at any time. Changes in Service will be posted on this Site, or sent via e-mail. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by contacting us through the “Contact” link. Continued use of the Service now or following posted notices of changes in this Agreement (which notice can be given by changing the date of last revision) means that you have accepted and are bound by the changes.
Disclaimer of Warranties; Liability Limitations
You expressly agree that your use of, or inability to use, our Service and Site is at your sole risk. Our Service is provided (to the extent allowable by law) “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We and our directors, officers, employees, affiliates, agents and contractors shall not be liable for any direct, indirect, incidental, special or consequential damages arising from your use of our Service (to the extent allowable by law).
Termination
We reserve the right to terminate your subscription at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account), or any other circumstances that, in our discretion, justify termination.
Indemnification
If you misuse our service or engage in misconduct, you and we may get sued. You will indemnify and hold us harmless, including our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement. We may also sue you if anything you do causes us harm.
Miscellaneous
This Agreement is governed by the law of the State of California, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Los Angeles, California.
If you encounter a link to third party website, be aware that we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. By using our Service, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each other website that you visit.
Official correspondence should be sent by way of postal mail to: Daily Take, c/o David Erikson, Attorney at Law, 200 North Larchmont Blvd., Los Angeles CA 90004.
Should any provision of this Agreement be found by a court of law or equity to be void, invalid or unenforceable under any applicable law or equity, such a finding shall not affect the remainder of this Agreement, in part or in whole, which will still be given effect without the void, invalid or unenforceable provision
Our Privacy Policy
Daily Take takes very seriously the private nature of your personal information. This Privacy Policy explains how we handle the information we collect when you visit our site and/or become a member. Please read this notice carefully.
Your Email Address
When you join Daily Take, you are required to supply us with your email address. This is the only piece of user-specific information that we require from you. We collect this information to facilitate our subscription service, to market our services (including those of our other sites, but not third party sites), and to send notifications to users relating to their account or our services.
Except as otherwise provided in this policy statement or as required by law, we will keep your email address strictly confidential—we will never sell, provide, share, rent, or trade user-specific personal information such as your email address to any third party marketers, unless you ask us to.
In other words, you will not receive emails from other companies who got your email address from us. However, from time to time we ourselves may send you emails that advertise products or services.
Your Name
At your option, you may provide us with your name. As with your email address, we will not share this information with anyone. We use it only to personalize our emails to you.
Non-Personal Information
We may also request non-personally identifiable information, such as annual income, zip code, gender and age, also known as demographic and profile data, though giving us this information is optional. We may use this data to improve our site and/or tailor your experience at our site, showing you content that we think you might be interested in. We may also share this information with others, such as advertisers interested in advertising on Daily Take, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.
Information Logged By Daily Take
In addition to the information-gathering described above, we also log certain non-personally-identifiable information, including the IP address assigned to your computer by your Internet Service Provider, aggregate user data, and browser type, as you visit our site or use our service. This data is used to help manage our website and provide a better user experience, to track usage, to focus advertising and in the case of IP addresses, for security and monitoring purposes. Except as expressly described in this privacy policy statement, we will not share this information with any third parties such as marketers; although non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members.
Use of Cookies
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. Like most sites, we use cookies to store user and visitor data and to record session information, for enhancement of the user experience, and to focus advertising. Users may be able to configure their browser to accept or reject cookies, or notify the user when a cookie is set. It is the user’s responsibility to set browser preferences regarding cookies, although you should be aware that disabling cookies will affect performance and functionality of our site.
Links
You may encounter links to other sites on Daily Take. We are not responsible for the privacy policies and/or practices on other sites. When linking to another site, you should read the privacy policy appearing on that site.
Cookies By Advertisers
Our advertisers may set cookies to allow an ad server to recognize your computer each time the advertiser sends you an online advertisement. In this way, advertisers may gather information about where you accessed their advertisements and determine which ads you clicked on. This information allows an ad network to deliver focused advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by Daily Take and does not cover the use of cookies by any advertisers.
Successors
We reserve the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale or acquisition of our company.
Changes in Our Privacy Policy
We may occasionally make changes to this privacy policy. If so, we will post all changes on our site so users will always be aware of what information we collect, how we use it, and how and when we may disclose it. You are bound by any minor changes to the policy when you use the site after those changes have been posted. If we make a significant change, however, we will notify users by posting a notice on our Web site for 30 days.
Contacting the Web Site
We take our users’ privacy extremely seriously, and we have adopted policies and practices that will prevent the sharing of private information you provide. If you have any questions about this privacy statement, the practices of this site, or your dealings with this site, please contact us via the “Contact” link.
Copyright Violations
We respect the intellectual property rights of others, and always try to avoid infringement of any kind, and require the people who use our Site to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
* Your name, telephone number, and e-mail address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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:
David Erikson, Attorney at Law
200 North Larchmont Blvd.
Los Angeles, CA 90004
