FLogg DAILY User Agreement
Welcome to FLoggDAILY.com.
The following is our User Agreement (the “Agreement"), which outlines the terms and conditions governing your use of our website www.FLoggDAILY.com (the “Site”) and any content or product made available through this Site. The Site is made available to you by Miely Publishing, Inc, a California corporation (“Miely Publishing” or “we” or “us”). The term “you” refers to the user or viewer of our Site.
We may make changes to the Agreement from time to time, however any and all changes will be posted on the Site. Accordingly, you should periodically review this Agreement for revisions made hereto. We ask that you read this Agreement prior to using our Site. BY USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO COMPLY WITH THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to this Agreement, you are not allowed access or otherwise use of the Site.
1. Proprietary Rights. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all content, other than that which you submit to us pursuant to Section 6 below, code, data and materials thereon the look and feel, design and organization of the Web Site, and the compilation of the content, text, information, photographs, illustrations, code, data, and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. We have secured a license from the owner or licensor of any material we do not own on this Site, granting us the right to display such content in the manner displayed on the Site.
2. Limited License. We grant you a non-exclusive, non-transferable, revocable license a) to access and view the content on the Site in accordance with this Agreement; b) the use of the Site and its services your personal, non-commercial and internal use only.
3. Prohibited Use. You may not, under any circumstances, use the Site for commercial purposes or in any way that is unlawful, or harmful to us or any other person or entity, as determined in our sole discretion. Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, text, information, photos, code, data or materials on the Web Site, is strictly prohibited unless you have received the advanced written permission from authorized personnel of Miely Publishing, Inc. You may not copy, download, display, post, reproduce, distribute, transmit, modify, transfer, perform, broadcast, create derivative works from, sell or otherwise exploit any content, text, information, photographs, illustrations, code, data or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Site and may be subject to liability for such unauthorized use. No part of this Web Site or its contents may be used by you in any litigation or arbitration matter whatsoever.
4. Service Marks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on products and content made available through the Site are registered and unregistered Trademarks owned by ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, or estoppel the license or right to use any Trademark displayed on the Website without our written permission or that of the third party rights holder.
5. User Information. During your visit, you may be asked to provide certain personal information to us. Our policies on the collection of your personal information are expressly outlined in the Privacy Policy located at www.floggdaily.com/privacy.html. Accordingly, you should read our Privacy Policy prior to your use of the Site. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
6. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information from you through the Site, by e-mail or in any other way. Any information, ideas, comments, suggestions, photographs, illustrations, graphics, or any other materials in any form submitted or sent to us via email, surveys, message boards, review/ratings boards and/or our blogs (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy located at www.floggdaily.com/privacy.html.
7. Copyright. All content, including design, text, and materials on this Site are fully protected.
8. Disclaimer of Warranties. The Site, including, without restriction, all materials, content, functions, and services provided throughout the Site, are provided “As-Is,” “As Available,” without warranty of any kind, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, usefulness, correctness, precision, thoroughness, completeness or content or information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose , and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the Site or the materials, functions, content, or services provided through the web site will be timely, secure, uninterrupted or error free, or that the defects will be corrected. We make no warranty that the Site or provided services will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein. FLoggDAILY.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video content, or audio content from the Site. We reserve the right to change or make correctin to any of the information provided on the Site at any time and without prior warning. We will not be liable for any inaccuracy or omission concerning any of the information provided on the Site. Without limitation of this above section, FLoggDAILY.com, its affiliates, suppliers, and licensors make no warranties or representations regarding any products or services provided via the Site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature otherwise on the Site or in correspondence with FLoggDAILY.com or its agents. Any products and services ordered or provided via the Site are provided by FLoggDAILY.com “As-Is” except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and FLoggDAILY.com or its licensor or supplier. Under no circumstances does your use of the site form any relationship, whether implied or expressed, with FLoggDAILY.com. FLoggDAILY.com hereby disclaims any such relationship and any liability arising as a result of its use of any content, including, without limitation, messages, comments or contributions, contained on the Site.
9. Limitation of Liability. In no event, including but not limited to negligence, shall FLoggDAILY.com, any member of Miely Publishing, Inc., or any of their Directors, Officers, Employees, Agents or Content or Service Providers (Collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use or, or the inability to use, the Site or the material, content and functions related thereto, your provision of information via the Site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of use or your use of the web site exceed, in the aggregate, the amount, if any, paid by you to FLoggDAILY.com for you user of the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the website.
10. Applicable Laws. We control and operate the Site from our offices in Orange County, California in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.
11. Shipping Rules. If shipping is not charged during checkout, your order may be modified for any additional charges. With Next Day Air, orders must be placed before 2pm PST.
