Legal

Privacy Policy

Last updated on June 9, 2019

This Privacy Policy explains how DailyRapFacts Media LLC and its partners and affiliates (collectively, “DailyRapFacts” or “we” or “us” or “our”) collect, use, secure, store and share the personal information we obtain when you (“you” and/or “your”) access, visit or use DailyRapFacts Websites. Please review this Privacy Policy carefully. In addition, please review the Terms of Use, which govern our use of DailyRapFacts Websites. If you do not agree to the Terms of Use and this Privacy Policy, you must discontinue using the Websites and all services and features therein. By using the Websites, you acknowledge you have read and understand this Privacy Policy.

INFORMATION THE WEBSITES COLLECT

The Websites may ask you to provide personally identifiable information, which is information that could be used to identify you as a specific individual, such as your name, e-mail address, postal address, phone number, credit or debit card numbers expiration date and security code (“Personal Information”) and other information about you, such as demographic information (your gender, ZIP code, age or similar information) or certain information about your preferences and interests. The Websites may collect Personal Information and other information about you at various places and forms on the Websites, including registration forms, when you submit a question to us, when you apply for a job, or when you otherwise communicate or interact with us. If we combine demographic or similar information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy. Personal Information may be used by store.dailyrapfacts.com (the “Store”) when you place an order or save information to the Store, in order to process and fulfill your order. We do not share credit card information with third parties except for the purpose of processing payment for products you’ve ordered and as required by law.

The Store is operated by Shopify. Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which they may handle your Personal Information.

Please note that information submitted to the Websites via a “Contact” page or other similar function may not receive a response. We will not use the information provided via these functions to contact you for marketing purposes unrelated to your request unless we disclose otherwise at the time you submit your request. The Websites are general audience web sites and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from an individual younger than the age of thirteen (13). If a parent, guardian or anyone else becomes aware of Personal Information that has been collected from the use of the Store or Websites by an individual under the age of 13, please contact our Store customer service immediately at store@dailyrapfacts.com.

Your Personal Information submitted via the Store may be updated and/or deleted by sending an e-mail to Store customer service at store@dailyrapfacts.com.

INFORMATION YOU CHOOSE TO PUBLICLY DISPLAY THROUGH THE WEBSITES, AND POSTING CONTENT TO THIRD PARTY WEBSITES

DailyRapFacts may publish User Content online or offline in any media or format (currently existing or later developed). Subject to applicable law, we may also publish your name, voice, likeness and other Personal Information with your User Content, and DailyRapFacts may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit, please review our Terms of Use.

Also, if you choose to “like” content on one of the Websites, to tweet from the Websites or to otherwise post information from or via the Websites to a third party web site, feature or application, that information may be public and the third party may have access to information about you and your use of our Websites.

INFORMATION YOU PROVIDE ABOUT A THIRD PARTY

If you send someone else a communication from the Websites, such as sending a video to a friend, the information you provide (names, e-mail addresses, etc.) is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person.

INFORMATION WE COLLECT AUTOMATICALLY AS YOU ACCESS AND USE THE WEBSITES

We, as well as any third-party advertisers, service providers and content providers, may use a variety of technologies that automatically or passively collect certain Site usage information whenever you visit or interact with us or our content found elsewhere on the internet (” Usage Information”). Usage Information may include browser type, operating system, all of the areas within our Websites that you visit, including content that you browse, and the time of day, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Websites and our services. In addition, we automatically collect your IP address or other unique identifier (” Device Identifier”) for the particular device you use to access the Websites. A Device Identifier is a number that is automatically assigned to your computer, mobile phone, or other device used to access the Websites and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access our Websites. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.

The methods that may be used to collect Usage Information include the following:

COOKIES

A cookie is a data file placed on a device when it is used to visit one of our Websites or otherwise access our online content. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages.

A Flash cookie is a data file placed on a device via the Adobe Flash plugin that may be built-in to or downloaded by you to your device. Flash cookies may be used for various purposes, including, without limitation, enabling a Flash feature and remembering your preferences. For more information about Flash and the privacy choices Adobe offers, visit http://www.macromedia.com/support/documentation/en…. If you choose to disable cookies or to adjust your Flash privacy settings on your device, some features of the Websites may not function properly.

GIFs

When you visit our Websites, we may collect data using clear GIFs (also known as web beacons or pixel tags) and similar technologies.  We may also use clear GIFs in our communications with you (such as emails) to track information such as whether you have received and opened our communication. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an email or other type of message, which is retrieved from a remote site on the Internet, enabling the verification of an individual’s viewing or receipt of a web page or message.  A clear GIF may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personally Identifiable Information.

EMBEDDED SCRIPTS

An embedded script is programming code that is designed to collect information about your interactions with the Websites, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Websites, and is deactivated or deleted thereafter.

In addition, we may use a variety of other technologies on the Websites that collect information for security and fraud detection purposes.

APP TECHNOLOGIES

App technologies are technologies included in our apps that are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps may include third party SDKs, which is code that sends information about your use to a server. These SDKs allow us track our conversions, bring you advertising both on and off the Service, and provide you with additional functionality, such as the ability to connect our Service with your social media account.

LOCATION-IDENTIFYING TECHNOLOGIES

Location-Identifying Technologies are technologies used to collect your location. For example, GPS, WiFi, and Bluetooth may be used to collect precise location data when you consent to precise location tracking through our apps. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.

INFORMATION THIRD PARTIES PROVIDE ABOUT YOU AND SOCIAL MEDIA INTERACTIONS

We may receive information about you from third parties. For example, if you are on another web site and you agree to receive information from a Website or DailyRapFacts, that web site will forward your contact and other information to us so that we may contact you as requested. You may also choose to participate in a third party application or feature on our Websites (such as posting to your page on a third party service or otherwise linking the Websites with another web site or interactive service) or on a third party web site or service (such as one of our Facebook applications or a similar application or feature on a third party web site or service) through which you post content or allow us to collect (or the third party to share) information about you, including Personal Information. The information we collect is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party’s privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party web site and service. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third party web site or service give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third party web site, application or interactive service.

We also may verify or supplement the information we collect with outside records from third parties in order to provide you with information, services or goods you have requested, to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those other sources with information we collect through the Websites. In those cases, we will apply this Privacy Policy to the combined information.

HOW WE USE THE INFORMATION WE COLLECT

DailyRapFacts may use your information, including your Personal Information: (1) to allow you to participate in features we offer; (2) to provide related customer service, including, without limitation, to respond to your questions, complaints or comments; (3) to provide you with information or services that you have requested or agreed to receive (either by opting in or choosing not to opt-out of our newsletter and other updates); (4) to process your registration with the Websites, including verifying that your e-mail address is active and valid; (5) to improve the Websites or our services; (6) to tailor content we display to you and offers we may present to you, both on the Websites and elsewhere online; (7) to contact you with regard to your use of the Websites and, in our discretion, changes to the Websites’ policies; (8) to facilitate your purchase of DailyRapFacts merchandise; (9) for internal business purposes; and (10) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.

HOW AND WHEN WE DISCLOSE INFORMATION TO THIRD PARTIES

DailyRapFacts may share non-personally identifiable information, such as aggregated user statistics and Usage Information, with third parties and some third parties, including third party advertisers, content providers and analytics providers, may themselves collect such information when you visit the Websites. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless you first agree to such sharing (either by opting in or choosing not to opt-out at the time we provide the choice). We may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information or otherwise with your consent, and as described below or otherwise in this Privacy Policy.

When You Agree To Receive Information From Third Parties Or Otherwise Request That We Share Your Information. You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your Personal Information shared, your Personal Information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.

You also may request, sometimes through your use of an interactive feature or third party application, that we share information about you with a third party and we will typically do so under those circumstances. For example, if you “like” content on our Websites, information about you may transfer to the third party offering that application on our Websites and to the third party web site to which you are posting.

Third Parties Providing Services on our Behalf. We may use third party service providers to perform certain services on behalf of the Websites, such as hosting the Websites, designing and/or operating the Websites’ features, analyzing users’ interactions with the Websites, sending communications, safeguarding against fraud, or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for the Websites.

Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a ” Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

Administrative and Legal Reasons. We may also transfer and disclose user information, including Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; or (iii) to protect and/or defend the Websites’ Terms of Use or other policies applicable to the Websites or to protect the personal safety, rights, property or security of any individual. To that extent, we may disclose certain Personal Information to an outside company which has been contracted to protect against fraud and the unauthorized use of credit and gift cards. We may also use Device Identifiers (e.g., IP addresses) to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion. These disclosures may be carried out without notice to you.

USE FOR ANALYTICAL AND AD SERVING PURPOSES

We use standard tools common within the industry, such as Google Analytics, to collect information about use of our Website. These tools collect information such as how often you visit our Website and what other Websites you visited prior to reaching our Website. We use the information we obtain from analytical tools for the purposes of improving our Website. The analytical tools collect only the IP address assigned to your computer or other device and your browser settings as of the moment you visit our Website, rather than your name or other identifying information.

We also use standard tools common within the industry, such as DoubleClick for Publishers operated by Google, enabling placement and management of personalized advertising services on our Website. These tools use cookies to target advertising based on what is relevant to you as a user to improve advertising and to avoid showing ads that you have already seen. Cookies themselves contain no Personally Identifiable Information. They relate to your web activity, rather than your identity. Tools such as DoubleClick will send a cookie to your web browser after any impression, click, or other activity by you on our servers. If your web browser accepts the cookie, the cookie will be planted on your web browser. DoubleClick will usually send a cookie to your web browser when you visit any webpage displaying DoubleClick ads. Webpages containing DoubleClick ads include ad tags that instruct web browsers to request ad content from our servers. When the server delivers the ad content, it will also send a cookie.

Finally, our Website relies on common industry tools Google Display Network Impression Reporting and Google Analytics Demographics and Interest Reporting. These tools help us understand the composition of viewers of our Website in terms of gender, age and interests. We need this information in order to understand what types of creative content we need to develop to suit the interests of different demographic and interest groups. In addition, Our Partners may need this information to develop marketing content. You may, at any time, opt out of Google Analytics tracking, including Google Display Network Impression Reporting and Google Analytics Demographics and Interest Reporting, by installing the Google Analytics Opt-Out Browser Add-On. You may also opt out of ad serving through Google’s opt-out page.

The personal data privacy aspects of all Google products, services and features, including Google Analytics and DoubleClick, are covered by Google Privacy Policy. Please be assured that we never combine the information collected through the use of Google Analytics or DoubleClick with any other Personally Identifiable Information. Moreover, permanent cookies planted on your web browser by Google products to identify you as a unique user the next time you visit our Website, cannot be used by anyone but Google. The ability of Google to use and share information collected by Google Analytics or DoubleClick about your visits to our Website is restricted by DoubleClick Terms and Conditions, Google Analytics Terms of Use and Google Privacy Policy.

You can opt out of ads personalization using Google’s Ads Settings by following the instructions contained on the following resource of Google — Google Ads Settings. If you choose to opt out of ads personalization, you will no longer receive personalized advertising.

Business Transfers. DailyRapFacts may share Personal Information with its subsidiaries and affiliates for internal business reasons. DailyRapFacts also reserves the right to disclose and transfer all information related to the Websites, including Personal Information: (i) to a subsequent owner, co-owner or operator of the Websites or component of the Websites, such as a database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of certain of  DailyRapFacts’s ownership interests, assets, or both, or other corporate change, including, without limitation, during the course of any due diligence process.

THIRD PARTY CONTENT, WIDGETS, AND LINKS TO THIRD PARTY WEBSITES

The Websites may contain content that is hosted and served by third parties, which may include third party widgets (such as those that allow you to share content with third party web sites and online services). The Websites may also contain links to other third party web sites that DailyRapFacts does not control. In addition, DailyRapFacts widgets may be included on web pages and web sites that are not associated with us, and over which we have no control. These third parties may collect information about you through the use of their own cookies and web beacons, may independently collect data or solicit Personal Information, and may or may not have their own published privacy policies. DailyRapFacts is not responsible for the privacy practices employed by any third party

SECURITY

DailyRapFacts takes commercially reasonable steps to help protect and secure Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be completely secure. Please note that we cannot ensure or warrant the security of any information we collect, and that you use our Websites and provide us with your information at your own risk.

EEA VISITORS/USERS

If you are a visitor or user from the European Economic Area, we will only collect and use your personal data (as defined under Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”)) when we have a legal basis for doing so. 

The legal basis on which we rely will depend on the type of personal data we collect and the specific context in which we are collecting it.  We will make clear to you when we are collecting personal data from you, and when and as required under GDPR, we will request your affirmative consent to the collection of your personal data, prior to collecting it. We will also make clear to you when such collection of your personal data is required (for example, because we have a legal obligation to do so, or because we cannot provide a service to you without collecting your personal data), and what are the consequences of your declining to allow us to collect your personal data.

If you have any questions about our collection and use of your personal data or any requests to delete your personal data, please contact us at legal@dailyrapfacts.com.

CALIFORNIA & CANADIAN USERS: YOUR CALIFORNIA PRIVACY RIGHTS

If you are located outside of the United States, please note that the information you provide to us will be transferred to and processed in the United States, where laws regarding processing of Personally Identifiable Information may be less stringent than the laws in your country. By using our Websites, you consent to this transfer and processing. You also consent to the adjudication of any disputes arising in connection with our Websites in the federal and state courts of, and in accordance with the laws of, the state of New York.

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personally identifiable information to third parties for the third parties’ direct marketing purposes.  Alternatively, such businesses may have in place a policy not to disclose personally identifiable information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information sharing.  This Privacy Policy explain our practices and how you can opt-out of having your information shared with third parties for the third parties’ direct or indirect marketing purposes. 

CHANGES TO THE PRIVACY POLICY

DailyRapFacts reserves the right to change this Privacy Policy at any time in light of changing business practices, technology and legal requirements without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. However, DailyRapFacts will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time it was collected.

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding privacy while using the Website, you may contact us at legal@dailyrapfacts.com. We will make every effort to resolve your concerns.

Terms of Use

The Effective Date of these Terms of Use is June 9th, 2019.

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING ANY OF OUR SITES (DEFINED BELOW), AS THEY GOVERN YOUR USE OF THE SITES AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms only apply to the web sites that post these Terms, including any features, applications, widgets or online services that post a link to the Terms, whether accessed via computer, mobile device or otherwise (collectively, “Websites” or “Sites”). The Websites are owned or controlled by DailyRapFacts Media, LLC. (“DailyRapFacts”). These Terms do not apply to any other web site or any offline activities by DailyRapFacts (unless specifically stated). You agree to these Terms by accessing or using any of the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE OUR WEBSITES.

In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Websites (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Websites (including past, present and future versions of the Site), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; widgets; artwork; information; data; designs; compilations; advertising copy; logos; domain names; DailyRapFacts logos, trademarks and services marks, and any other DailyRapFacts product and service names that are trade identities of DailyRapFacts (the “DailyRapFacts Marks”); any and all copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the Websites; and all other materials related to the Sites (collectively, the “Materials”) are owned, controlled or licensed by DailyRapFacts, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by DailyRapFacts, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for DailyRapFacts and/or its parent, members, managers, subsidiaries affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way DailyRapFacts’ rights to exploit fully any or all of the Materials.

You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of DailyRapFacts’ rights therein. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.

The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of DailyRapFacts, unless and except as is expressly provided in these Terms. Any other use of the Materials or DailyRapFacts Marks without the prior written authorization of DailyRapFacts is strictly prohibited.

To seek the written authorization of DailyRapFacts for reproductions of Materials, please contact us at licensing@dailyrapfacts.com.

YOUR LICENSE TO USE MATERIALS AVAILABLE ON OUR SITES

You may visit our Sites without further permission from DailyRapFacts and DailyRapFacts grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to use, download, view and play the Materials. This license is subject to your full compliance with these Terms. When you download or use Materials, you agree to and you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any code associated with the Sites. You also agree that you will not, including by use any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage or as expressly authorized by DailyRapFacts).

Except as expressly set forth elsewhere in these Terms, nothing in these Terms will be interpreted to grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Materials or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Materials. You agree that you will not charge any person or entity to view, listen, play or otherwise access any Materials, or disseminate any Materials in any manner to the public (for free or for a fee).

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. DailyRapFacts encourages you to report any content on the Website that you believe infringes your rights. We respect the intellectual property rights of others and are expecting our users to respect the intellectual property belonging to us. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringe your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), DailyRapFacts has a designated agent for receiving notices of copyright infringement and DailyRapFacts follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DailyRapFacts’ copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on the Sites violate your rights other than copyrights, please provide DailyRapFacts with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Notice of claims of copyright or other intellectual property infringement must be sent to DailyRapFacts’ Copyright Agent:

Email: licensing@dailyrapfacts.com
Attention/Subject: Copyright Agent.

Please note that this procedure is exclusively for notifying DailyRapFacts of claims that your copyrighted material or other intellectual property has been infringed.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

DailyRapFacts will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.

INFORMATION/CONTENT YOU SUBMIT

The Sites may provide you and others with the opportunity to participate in message boards, chat rooms and other public areas (“Community Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to DailyRapFacts or a Site, including, without limitation, comments, ideas, review, suggestions and other content (collectively, “User Content”).

Except as otherwise described in the Privacy Policy, or applicable Additional Terms, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.

You remain the owner of your User Content, but you acknowledge that DailyRapFacts must have a license from you in order to accept your User Content. You grant to DailyRapFacts the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify and create derivative works of, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or later developed; and with any technology or devices now known or later developed and to advertise, market and promote the same.

You further agree that DailyRapFacts is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or DailyRapFacts, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without obligation, remuneration or attribution of any kind to you or anyone else. You further perpetually and irrevocably grant DailyRapFacts the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else. You further authorize DailyRapFacts to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant DailyRapFacts these licenses. Upon DailyRapFacts’ request, you will furnish DailyRapFacts any documentation, substantiation or releases necessary to verify your compliance with these Terms.

You agree that DailyRapFacts has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its rights to your User Content including, without limitation, by bringing and controlling actions in your name and on your behalf (at DailyRapFacts’ cost and expense, to which you agree to consent and irrevocably appoint DailyRapFacts as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).

You further acknowledge and agree that DailyRapFacts does not and will not have any obligation to review, monitor, display, accept or exploit any User Content and DailyRapFacts may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time without notice or liability to you or any other party. You understand that User Content need not be maintained on the Site by us for any period of time and we reserve the right to delete it at any time.

All of your User Content is your sole responsibility. This means that you, and not DailyRapFacts, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Sites. If you post personal information to publicly available areas of the Sites then you may receive unsolicited messages from third parties. Under no circumstances will we be liable in any way for any of User Content including, without limitation, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content.

VIRAL DISTRIBUTION AND WIDGETS

DailyRapFacts may allow you – but only through express written permission -to engage in certain personal uses of Materials that include the ability to share Materials with others (“Viral Distribution”). For example, the Site may allow you to send Materials to friends, display Materials on your personal web site or post Materials on a third party web site. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to comply with any terms we post in connection the Viral Distribution of Materials.

Similarly, the Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (” Widgets”). Widgets are Materials and subject to the limited, revocable license described above for Materials. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Materials made available via any Widget.

You agree that you will not embed or otherwise make available a Widget on a web page or web site containing content that (i) is threatening, abusive, harassing, , hateful, or racially, ethnically or otherwise objectionable (in DailyRapFacts’ sole opinion). DailyRapFacts makes no specific warranties about Widgets. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in the Widget or any component of the Widget (including any video player) that are designed to prevent users from copying, manipulating or retaining the Materials made available via the Widget. You also agree to not use (or attempt to use) the Widget or any component of the Widget to display content other than the Materials provided or intended by DailyRapFacts to be displayed via a particular Widget.

NOTICE TO THIRD PARTY SITES: Any Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice.

PAID SERVICES

Some of the services on the Sites may require you to pay a fee, such as subscription services on the Sites, as described in the specific conditions included where those services, if any, are offered. The Sites may offer one time fee-based services and subscription based services. Regardless of the type of service you purchase, you agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. DailyRapFacts does not provide price protection or refunds in the event of a price drop or promotional offering. We may occasionally offer promotional trial subscriptions to a paid service on a Site for free or at special discounted prices. If you sign up for a trial subscription, your subscription will be either 1) automatically renewed at the normal subscription rate in effect at the end of the trial period, unless you cancel at the required time before the end of the trial period; or 2) terminated, unless you successfully sign up for a paid subscription, depending on the terms of your trial subscription. If you have subscribed to a paid service on a Site, then by so subscribing you are entering into a legal and binding agreement between yourself, as an end user, and DailyRapFacts to purchase that subscription.

ACCEPTABLE USE POLICY; COMMUNITY USAGE RULES

When you contribute, upload or otherwise provide User Content to a Site, you agree to comply with the following Community Usage Rules

Rules:

• User Content must be yours please. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Site and elsewhere.
• No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Site, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
• Don’t upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
• No music please. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
• Please follow codes of social decency. Be respectful of others’ opinions and comments so we can continue to build a community for everyone to enjoy. Harassing, stalking and personal attacks are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, sexual preference or physical handicap or that are defamatory, slanderous or pornographic.
• Do not use the Sites for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
• Do not upload User Content that is illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
• No violence. Your User Content may not promote violence or describe how to perform a violent act.
• Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
• Public forum. We hope that you will use the Community Forums to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community Forum will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
• Don’t share other people’s personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
• Don’t damage the Sites or anyone’s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
• Don’t share confidential information or trade secrets. User Content may not contain any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)

You must not and agree not to (a) interfere with or disrupt a Site or any DailyRapFacts or Site servers or networks; or (b) intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

MEMBERSHIP & REGISTRATION

Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Sites.

When you provide information to a Site, you agree to provide only true, accurate, current and complete information.

If you register with us, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. DailyRapFacts reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

YOUR WARRANTIES

You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has approved your participation on this Site and has read and agreed to these Terms on your behalf; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.

You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data. 

USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

PROMOTIONS

The Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

THIRD PARTY LINKS, CONTENT AND APPLICATIONS

There may be links from the Sites, or from communications you receive from the Sites, to third party web sites or online features. The Sites also may include third party content that we do not control, maintain or endorse.

You may choose, at your sole and absolute discretion and risk, to use applications that connect a Site or your profile on a Site with a third party site (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Site profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Site accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if DailyRapFacts has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold DailyRapFacts harmless for the sharing of information relating to your Site accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.

The Sites may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on the Sites, or a feature that lets you post to your social networking page a link to a specific Site product or the ability to share content from the Sites or your User Content with a third party. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

LINKING POLICY

DailyRapFacts grants you the revocable permission to link to the Sites; provided, however, that your web site: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites (except as explicitly permitted as described in the “WIDGET” section above); (b) must not imply that DailyRapFacts or any Site is endorsing or sponsoring it or its products, unless DailyRapFacts has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in DailyRapFacts’ sole opinion, harm DailyRapFacts or its products or services; (d) must not use any DailyRapFacts trademarks without the prior written permission from DailyRapFacts; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in DailyRapFacts’ sole opinion), and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to a Site, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, DailyRapFacts reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion. 

MOBILE

The Sites may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile phone or access Site features (collectively, the ” Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. Typically, you will text a keyword (e.g., “STOP”) to the applicable shortcode for the Mobile Feature.

You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding DailyRapFacts. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify DailyRapFacts of any changes to your mobile number and update your account(s) on the Sites to reflect this change. 

SOFTWARE AND OTHER ITEMS AVAILABLE FOR DOWNLOAD

Any items that we make available for download or use from the Sites and/or our servers (the “Downloadable Items”) are the copyrighted work of DailyRapFacts or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH DOWNLOADABLE ITEMS. 

DISCLAIMER OF WARRANTIES

YOUR USE OF OUR SITES AND CONTENT IS AT YOUR OWN RISK.

THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DAILYRAPFACTS NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS OR CONTRACTORS (COLLECTIVELY, “DAILYRAPFACTS PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) THE WIDGETS OR DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED ON THE SITES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM DAILY OR VIA THE SITES. IN ADDITION, THE DAILYRAPFACTS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE DAILYRAPFACTS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED ON THEM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE DAILYRAPFACTS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE DAILYRAPFACTS PARTIES DO NOT WARRANT THAT YOUR USE OF ANY SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE DAILYRAPFACTS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. 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 THESE TERMS.

THE DAILYRAPFACTS PARTIES DO NOT ENDORSE USER CONTENT, ARE NOT RESPONSIBLE FOR USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH A SITE.

DISCLAIMERS/LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE DAILYRAPFACTS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) WIDGETS OR THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DAILYRAPFACTS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN A SITES’ TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE PHONE OR OTHER MOBILE DEVICE, MODEM 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, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DAILYRAPFACTS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE DAILYRAPFACTS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE 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 WILL THE DAILYRAPFACTS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DAILYRAPFACTS’ 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 THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE DAILYRAPFACTS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE DAILYRAPFACTS PARTIES.

BY ACCESSING A SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU 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.”

INDEMNIFICATION

You agree to indemnify, defend (if requested by DailyRapFacts) and hold the DailyRapFacts Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of any Site or activities in connection with any Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access a Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the DailyRapFacts Parties’ use of your information. You will cooperate as required by the DailyRapFacts Parties in the defense of any claim. The DailyRapFacts Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the DailyRapFacts Parties.

TERMINATION

DailyRapFacts reserves the right to terminate your access to and use of any Site in its sole discretion, without notice and liability, including, without limitation, if DailyRapFacts believes your conduct fails to conform with these Terms. DailyRapFacts also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.

LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

The information provided on the Websites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject DailyRapFacts to any registration requirement within such jurisdiction or country. DailyRapFacts controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing a Site from other locations does so on their own initiative and are responsible for compliance with United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of any Site or any portion of a Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from any Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods (“Restricted Counties”); or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders (“Restricted Individuals”). By downloading any software related to a Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any of the Restricted Countries and that you are not a Restricted Individual.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. 

GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS

THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE INTERNAL LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF NEW YORK GOVERNING CONTRACTS ENTERED INTO AND TO BE FULLY PERFORMED IN THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN WHICHEVER OF THE FOLLOWING THREE COUNTIES ARE GEOGRAPHICALLY NEAREST TO YOUR PRIMARY PLACE OF RESIDENCE: COOK COUNTY, ILLINOIS; MANHATTAN COUNTY, NEW YORK; OR LOS ANGELES COUNTY, CALIFORNIA (“DETERMINED VENUE”). YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN THE DETERMINED VENUE FOR ANY SUCH LEGAL PROCEEDING AND WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

MISCELLANEOUS

The failure of DailyRapFacts to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit DailyRapFacts’ rights with respect to such breach or any subsequent breaches. No waiver by DailyRapFacts of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of DailyRapFacts. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. DailyRapFacts may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without DailyRapFacts’ prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against DailyRapFacts by virtue of having drafted them.

ENTIRE AGREEMENT AND OUR RIGHT TO UPDATE THESE TERMS

These Terms and any applicable Additional Terms, as amended from time to time, constitutes the entire agreement that governs your use of the Sites and supersedes any prior agreements between you and DailyRapFacts with respect to the subject matter of these Terms.

DailyRapFacts reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using any Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.

If you have any questions, complaints, or claims with respect to our Terms, you may contact us at legal@dailyrapfacts.com.