Dailybreak Terms of Use

Dailybreak, Inc. (“Dailybreak,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.dailybreak.com (the “Web site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Web site, the “Service(s)”), subject to the following Terms of Use (as amended from time to time, these “Terms of Use”).. By accessing or using the Services , you signify your agreement to these Terms of Use and any other legal notices or guidelines located on or within the Services. If you do not agree to any of the terms and conditions of these Terms of Use or other notices or guidelines, please do not use the Services and exit now. You may be required to register with Dailybreak in order to communicate with other registered members, and access and use certain Services or features. If you choose to register, you must meet the eligibility requirements and further read these Terms of Use and indicate your acceptance of them.

You agree that you have read, understood and accept Dailybreak’s Privacy Policy. The Privacy Policy explains Dailybreak’s collection of personal and non-personal information from you when using the Services and our use and sharing of such personal and non-personal information.

We may add to, update, delete from or modify the Services at any time in our sole discretion. We reserve the right, at any time and in our sole discretion, to change the Terms of Use. We may post or display notices of changes to the Terms of Use on or through the Services. Once posted, these changes to the Terms of Use become effective immediately. If any change that we make is not acceptable to you, promptly stop using the Services. Any access or use by you of the Services after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes. You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations which apply to your agreement with us. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.

A. These Terms of Use apply to all users of the Services, including users who are also registered members. The Dailybreak Content (defined below) is provided as a courtesy to our users and is intended for personal, informational, educational and non-commercial purposes only.

B. The Services may contain links to institutional or other third-party web sites or applications that are not owned or controlled by Dailybreak. Dailybreak has no control over, and assumes no responsibility for, the products, services, content, privacy policies or practices of any institutional or third-party web site or application. In addition, Dailybreak is unable and unwilling to censor or edit the content of any institutional or third-party web site or application. Dailybreak is not involved in any transactions between you and any third party whose products and/or services are listed on the Services. By accessing or using the Services, you expressly relieve Dailybreak from any and all liability arising from your use of any linked institutional or third-party web site or application. Accordingly, we encourage you to be aware when you leave our Services and to read the terms and conditions and privacy policy of each web site or application that you access or use. If you decide to access any other web sites or applications linked to or from our Services, you do so entirely at your own risk. Any questions, complaints, or claims related to any product or service provided by a third party on the Services should be directed to the applicable third party.

C. Dailybreak encourages you to carefully choose the information you submit, post, or provide to others using the Services or Services features (e.g., comments, blogs, video chat sessions, mobile application, Promotion entries). Any conversations or information you have or share with others using features that are available on the Services and any User Submissions (defined below) may be accessible and viewable by all other users or by other registered members of the Services. Dailybreak does not control, or have any knowledge of the content of any communication(s) spread by the use or functions of the Services, such as the video chat feature or the posting of User Submissions. The content of the communication is entirely the responsibility of the person from whom such content originated.

D. Dailybreak reserves the right to remove, edit or reject any User Submissions (defined below) at any time, in its sole discretion. Furthermore, Dailybreak may restrict, suspend or terminate any user’s access to or use of all or any part of the Services or its features at any time, for any or no reason, with our without notice and with no liability to Dailybreak whatsoever.

A. Dailybreak hereby grants you a limited, personal, non-exclusive, fully revocable license to use and access the Services and its features as set forth in these Terms of Use, provided that: (i) you will not distribute any part of the Services (other than User Submissions owned by you) in any medium without Dailybreak’s prior written authorization; (ii) you will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with these Terms of Use. You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Services.

B. In order to access many features of the Services, you will have to create a registered member account and access our Services through a third party platform that requires you to have a login name and password (e.g, Facebook). Dailybreak does not store or have access to your password, but as part of such integration, the third party platform will provide us with access to certain information that you have provided to such third party platform, and we will use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which the third party platforms use, store and disclose your information is governed solely by the policies of such third parties, and Dailybreak shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled or accessed within the Services. You may never use another member’s account or share your account with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account. You must notify Dailybreak immediately of any breach of security or unauthorized use of your account by contacting us at support@dailybreak.com.

C. You agree that you will not use the Services and the features offered through the Services (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without Dailybreak’s prior written consent, (ii) to promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifiable information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations. In order to protect third parties and other users from such prohibited conduct, Dailybreak reserves the right to restrict, in its sole discretion, communications which a user may send through the Services.

D. The Services include certain services that are available via a mobile device, including (i) the ability to upload User Submissions to the Service via a mobile device, (ii) the ability to browse the Serviced from a mobile device and (iii) the ability to access the Services and Promotions through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Dailybreak, Promotions, and other entities related to any of our Services or Promotions by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Dailybreak account information to ensure that your messages are not sent to the person that acquires your old number.

Dailybreak offers certain technology and software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to such software that is made available for your use in connection with an Apple-branded product (“Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:

A. Dailybreak and you acknowledge that these Terms of Use are concluded between Dailybreak and you only, and not with Apple, and that as between Dailybreak and Apple, Dailybreak, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

B. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

C. Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

D. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

E. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Dailybreak’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

F. Dailybreak and you acknowledge that Dailybreak, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

G. In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Dailybreak and Apple, Dailybreak, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

H. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

I. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Dailybreak as set forth in the Questions/Comments section below.

J. Dailybreak and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

The content on and in the Services, except all User Submissions (“Dailybreak Content”) is owned by or licensed to Dailybreak, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Dailybreak, Inc. is the owner of the trademark Dailybreak™ and such mark may not be used in connection with any product or service in any manner without Dailybreak’s prior written consent. You in no way will obtain any ownership interest in the Dailybreak Content, trademarks or service marks contained or displayed on or through the Services. Dailybreak Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner. Dailybreak reserves all rights not expressly granted in and to the Services and the Dailybreak Content. You agree to not engage in the use, copying, or distribution of any of the Dailybreak Content other than as expressly permitted herein or as reasonably necessary to use the Services for its intended purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Dailybreak Content or User Submissions or enforce limitations on use of the Services or the Dailybreak Content and User Submissions.

A. The Services may permit the submission of certain Promotion entries, user-generated text, information, data, video, chats, audio, photographs, files or other content to or through the Services (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by Dailybreak and viewed by both general users and registered members of the Services. You understand that Dailybreak does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Dailybreak to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Services and these Terms of Use; (ii) submitting, posting or publishing your User Submission on or through the Services does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms of Use. You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.

C. You will retain all ownership rights in your User Submissions, and Dailybreak will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on or through the Services for Dailybreak’s commercial, marketing or any similar purpose, without your consent. By submitting a User Submission to Dailybreak and permitting it to be viewed, posted or published on or through the Services, you hereby grant to Dailybreak a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to use, post and store User Submissions on or through Services and servers and publish, distribute and display such User Submissions in connection with the Services and Dailybreak’s (and its successor’s) business, including without limitation the right to distribute such User Submissions to other users and third parties. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.

D. In connection with any User Submissions, you further agree that you will not: (i) submit or publish falsehoods, misrepresentations or statements that could damage Dailybreak or any third party; (ii) submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or business solicitations, including any “junk mail” or “spam”; (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Services or any server, computer hardware, software or equipment. Dailybreak does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. Dailybreak reserves the right to remove Dailybreak Content and User Submissions without prior notice. Dailybreak also reserves the right to decide whether Dailybreak Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length. Dailybreak may remove such User Submissions and/or terminate a user’s access for accessing or distributing such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

E. You understand that when accessing and using the Services, you will be exposed to User Submissions and third party information from a variety of sources and that Dailybreak is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dailybreak with respect thereto.

A. From time to time Dailybreak may make available certain sweepstakes, contests, challenges and other promotions on or through the Services (collectively referred to herein as “Promotions”). Your participation in any such Promotions is subject to and governed by the General Terms & Conditions and any other additional specific terms and conditions as set forth on any specific landing page for any such Promotion on or through the Services. All such Promotion terms and conditions are hereby incorporated by reference into these Terms of Use.

B. Dailybreak may provide you with opportunities to earn coins (“Coins”) through Promotions and other activities through the Services. Such Coins (i) may be eligible to be used as entries into Promotions, as permitted by Dailybreak from time to time, and for other activities, such as auctions, etc., that may be offered from time to time through the Services, (ii) do not constitute property of the holder, (iii) are not transferable, (iv) are not redeemable for cash or for any other form of currency or credit, (v) have no fixed or ascertainable cash value, and (vi) cannot be returned, exchanged, refunded or replaced by cash.

A. Notification

If you are a copyright owner or an agent thereof and believe that any User Submission or other Dailybreak Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works on or in the Services; (iii) a description of the location on the Services of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You are solely responsible for your interactions with other users or members of the Services and any disputes that may arise.

You agree that your access and use of the Services shall be at your sole risk. The Services, the Dailybreak Content, User Submissions and any services or features made available on or through the Services are provided on an “as is” and “as available” basis. Dailybreak does not make and disclaims any and all express and implied warranties and representations, including but not limited to any implied warranty or fitness for a particular purpose, with regard to the Services, the Dailybreak Content, User Submissions or any services of features provided on or through the Services, to the fullest extent permitted by law. Without limiting the foregoing, Dailybreak does not represent or warrant that: (i) the Services will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in the Services will be corrected; or (iii) the Services or the server that makes it available are free of viruses or other harmful components. Dailybreak does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any institution or third party through the Services or any hyperlinked web site or application.

In no event shall Dailybreak, its officers, directors, employees, affiliates, subsidiaries, agents and other partners be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: (i) any indirect, special, incidental or consequential damages that may be incurred by you; (ii) any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; and (iii) any claim, damage, or loss which may be incurred by you as a result of (a) the availability of the Servcies and/or any other third-party web sites or applications, (b) any reliance placed by you on any advertising, products, services or other content or materials on, or available from, the Services or any third-party web site or application; or (iii) any of your transactions with third parties or other users. The limitations on Dailybreak’s liability to you above shall apply whether or not Dailybreak has been advised of the possibility of such losses or damages arising. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Dailybreak shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold harmless Dailybreak, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions, demands, liabilities or settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your conduct using the Services, your violation of these Terms of Use or, your violation any other legal notices or guidelines.

You affirm that you are more than 16 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The Services are not intended for children under the age of thirteen (13).

If you are under 13 years of age, then please do not use the Services and exit now.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dailybreak without restriction.

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Services, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Dailybreak’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing or using the Services for any reason or for no reason whatsoever including improper use of the Servcies or failure to comply with these Terms of Use or any other notices or guidelines, and to take any other action we deem appropriate.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Dailybreak are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Dailybreak shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

If you have any questions or comments about the Services or become aware of misuse of the Services by any person, please contact us at support@dailybreak.com or at the following address: Dailybreak, Inc., Attn: User Comments, 108 Lincoln Street, Boston, MA 02111.

These Terms of Use are effective as of November 6, 2010.