Welcome to daisie, the playground for creative collaboration! Our platform is meant for sharing, learning, discovering original and creative content and make ideas happen. We are introducing creators from all around the world, to bring new, raw ideas to life, and reignite the spark on old projects. Explore creative work in film, fashion, music, photography, art and literature, interacting directly with the inspirational people breaking grounds at the top of these industries.
Community Guidelines: You must also adhere to our Community Guidelines which can be found here, and are incorporated into the terms. We recommend that you read through themto understand and agree on the expected behaviour of our Users. daisie will take necessary action if you do not follow these rules.
Change: As we grow our platform, we may update our Terms from time to time. We will make you aware of any significant changes by sending a notice to the email address connected with your daisie account, or by placing a notice on a prominent location on our website. We will issue a notice via the previous methods to all Users, to signify an upcoming change to our Terms. If you do not agree with the upcoming change, please delete your account.
Copyrights:You acknowledge and agree that, as provided in greater detail in this Agreement:
3. DAISIE ACCOUNTS
4. SERVICE RULES
5. DAISIE APP
1. QUESTION TIMES
2. DAISIE PROPRIETARY RIGHTS
3. NO PROFESSIONAL ADVICE
5. CHILDREN AND OUR SERVICES
7. USER’S CONTENT COPYRIGHTS
1. THIRD-PARTY LINKS AND INFORMATION
4. NO WARRANTY
5. LIMITATION OF LIABILITY
6. GOVERNING LAW, CONCILIATION, EXCLUSIVE ENGLISH JURISDICTION AND CLASS ACTION/JURY TRIAL WAIVER
REGISTRATION AND ACCESS TO DAISIE SERVICES:
Daisie is designed to provide a lively and interactive community for its Users to share creative Content (defined below) with each other. In order that it is done safely and lawfully, this Agreement between you and daisie establishes some rules set out below.
This is a CONTRACT between you and daisie.YOU MUST READ AND AGREE TO THESE TERMS BEFORE USING THE DAISIE SERVICE.
Binding contract:Through ACCESSING DAISIE (visiting, using, whether or not you create a registered account), you are UNDERSTANDING AND AGREEING TO BE BOUND by this AGREEMENT. This therefore means that if you do not agree to these Terms, you should not use or even visit Daisie.
Age restriction: Any use or access to the Service by anyone under thirteen (13) is strictly prohibited and in violation of this Agreement. In addition, the Service is not available to any Users previously removed from the Service by daisie.
2.1. Content: daisie allows Users to post, provide or submit content such as profile information, videos, images, music, sound recording, animations, logos, comments, questions, projects according to aTask or data and other content or information and any such materials a User submits, posts, displays, shares or otherwise makes available on the Service is referred to as “Content”or “content’.
We claim no ownership rights over User Content created by you. The User Content you create, post, or otherwise make available through the Service remains yours. As between you and daisie, you retain any and all right, title and interest in and to the User Content you create, post, or otherwise make available through the Service. Daisie does not claim any ownership rights over your any content that is posted, displayed or made available on our site, services and application.
In accordance with your choice of the privacy settings offered on daisie, by posting, sharing, displaying or otherwise making available any User Content on or through the Service, YOU HEREBY GRANT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS NECESSARY TO GRANT TO DAISIE, A LIMITED, ROYALTY-FREE, SUBLICENSABLE, TRANSFERABLE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE, WORLDWIDE LICENSE TO USE, REPRODUCE, MODIFY, PUBLISH, DISTRIBUTE, SYNDICATE, PUBLICLY PERFORM, PUBLICLY DISPLAY, MAKE DERIVATIVE WORKS OF, LIST INFORMATION REGARDING, OR OTHERWISE USE YOUR USER CONTENT, INCLUDING (WITHOUT LIMITATION) YOUR NAME, VOICE, AND/OR LIKENESS AS IT IS CONTAINED WITHIN YOUR USER CONTENT, IN WHOLE OR IN PART, AND IN ANY FORM, MEDIA OR TECHNOLOGY, WHETHER NOW KNOWN OR HEREAFTER DEVELOPED and WITHOUT ANY FURTHER APPROVAL OR CONSENT FORM OR PAYMENT TO YOU OR ANY OTHER PERSON.
Please do NOT SUBMIT OR DISPLAY ANYTHING ON dAISIE THAT YOU WOULD NOT LIKE TO BE USED IN THIS WAY, and note that we MAY NOT BE ABLE TO PREVENT FURTHER USE BY THIRD PARTIES WITHOUT YOUR PERMISSION.
This license is not being used by daisie to sell your User Content to third parties or otherwise profit off of your User Content in any way unrelated to daisie providing and promoting the Service. It also does not give daisie any rights to own your User Content or limit your ability to use your User Content however you wish outside of the Service.
By providing or sharing User Content through the Service, you hereby agree to grant each User of daisie a NON-EXCLUSIVE LICENSE, TO ACCESS your User Content through the Service, and to USE, DISPLAY AND PERFORM SUCH USER CONTENT, as permitted through the functionality of the Service and under this Agreement.Thus, you agree to ALLOW OTHERS TO VIEW, EDIT, DISPLAY AND/OR SHARE YOUR USER CONTENT IN ACCORDANCE WITH YOUR SETTINGS AND THIS AGREEMENT. Please be aware that it is very difficult to remove content from the Internet that has become publicly available.
If you have any questions about this Section 2.2., please contact us at [email protected]
Intellectual Property:For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
As aUser, you agree that youare responsible for all Content that you submit on daisie. You must assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You represent and warrant that
You have obtained and are solely responsible for obtaining all consents, as may be required by law, to post any User Content relating to third parties, including (without limitation) the written consent and release of liability of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement.You must have explained and received express specific consent of everyone who worked on or features in your Content, and if they are under eighteen (18) to their parents or guardians, how it may be used, especially for photographs, videos or music.
Your User Content and daisie’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
daisie may exercise the rights to your User Content granted under this Agreement without liability for payment of any union fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
You understand that publishing your User Content on the Service isnot a substitute for registering it with the appropriate authority or union in charge of copyrights registration or any other rights organisation.
daisie reserves the right, but is not obligated, to reject and/or remove any User Content that daisie believes, in its sole discretion, in violation any of these provisions. You agree to immediately remove any Content from your Service on receiving notice requesting you to do so from us or from any third party (including any court or law enforcement agency) and you must notify us immediately of any such third party request.
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Although we take reasonable care with the Content displayed on daisie. DAISIE MAY NOT MONITOR OR CONTROL THE CONTENT POSTED VIA THE SERVICES AND CANNOT TAKE RESPONSIBILITY FOR SUCH CONTENT. Unlike traditional physical media, the Content is provided in a dynamic environment with regular changes and therefore inaccuracies may occur from time to time. Please double-check the competences, accuracy and reliability of the Content if you are in doubt.Also please use common sense and caution when using third party material. ANY USE OR RELIANCE ON ANY CONTENT OR MATERIALS POSTED VIA THE SERVICE OR OBTAINED BY YOU THROUGH THE SERVICE IS AT YOUR OWN RISK. WE DO NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT OR COMMUNICATIONS POSTED VIA THE SERVICES OR ENDORSE ANY OPINIONS EXPRESSED VIA THE SERVICE.
You understand that by using the Services, you may be exposed to CONTENT THAT IS OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE FOR CHILDREN AND/OR ANYONE UNDER 18, OR IN SOME CASES, POSTS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE OR UNSUITED FOR YOUR PURPOSE. Every Content is the sole responsibility of the person who originated such Content and you agree that DAISIE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF OR RELATING TO ANY USER CONTENT.
DAISIE IS NOT RESPONSIBLE AND CANNOT BE HELD LIABLE FOR ANY USER CONTENT THAT YOU OR ANY OTHER USERS OR THIRD PARTY POST, SEND, OR OTHERWISE MAKE AVAILABLE OVER THE SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF POSTING IT, PUBLISHING IT, SHARING IT, OR OTHERWISE MAKING IT AVAILABLE ON THE SERVICE, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR THE ONLINE DISTRIBUTION AND PUBLICATION OF YOUR USER CONTENT.
3. DAISIE ACCOUNTS
Your daisie account gives you access to the services and functionalities that we may establish and maintain from time to time and in our sole discretion.
If you open a daisie account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of a minimum of 8 upper and lowercase letters, numbers and symbols) with your account. You must notify daisie immediately of any breach of security or unauthorized use of your account. Please note that daisie will not be liable for any losses caused by any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Service communications:We may need to provide you with certain communications, such as service announcements and administrative messages. These are made to inform you on the activity of your account and the service (for instance data breach, password reset, changes of features to the service etc). These communications are considered PART OF THE SERVICES AND YOUR ACCOUNT, AND YOU MAY NOT BE ABLE TO OPT-OUT FROM RECEIVING THEM. Thus, by providing daisie your email address, YOU CONSENT TO DAISIE USING YOUR EMAIL ADDRESS TO SEND YOU SERVICE-RELATED NOTICES and including any notices required by law, in lieu of communication by postal mail. However, if you don’t agree to such communications sent to you, you can disable your account.
Notification communications: We will send notification emails based on the activity of your account, for example when another User follows you, or when you receive a private message. YOU MAY OPT OUT of these communications from the Settings section.
Marketing communications: We may also send you communications to offer you the best possible service and keep you updated. Therefore we may use your email address to send you other messages, such as newsletters, promotions or special offers. If you do not want to receive such email messages, YOU MAY OPT OUT by following the “Unsubscribe” link in the email messages. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that we are not selling or sharing your email address with a third party for marketing purposes.
You are solely responsible for your interactions with other daisie Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. daisie shall have no liability for your interactions with other Users, or for any User’s action or inaction.
At any time, you may delete your Content from daisie directly on the post, or delete your account in “Settings”.
4. SERVICE RULES
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. daisie may terminate this license at any time for any reason or no reason.
daisie reserves all rights not expressly granted herein in the Service and the daisie Content.
When you visit or use daisie Services, you agree not to engage in any of the following prohibited activities:
Streaming: Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the daisie Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
Notwithstanding the usage limits and refresh requirements established by us from time to time, we can at any time without notice limit or block access to any daisie Service and Content, including where the stability and integrity of the daisie services is under threat.
5. DAISIE APP
We’ve made available an application (“the App”) to access the daisie service via a device (mobile or tablet). Our App is available on iTunes Store for download. To download it, you must agree and comply with Apple Terms of Service.
5.1. Account registration: To use the daisie App you must have a device that is compatible with the software. daisie does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
To use the daisie App you will need to register and create an account. You agree to provide accurate information when you register and to keep information up to date. You agree to protect your username and password against misuse by others, and you agree to promptly notify us any misuses of your username and password or your account that you became aware of.
5.2.Grant of rights: daisie hereby grants you a non-exclusive, non-transferable, revocable license at our own discretion to access and use a compiled code copy of the software for one daisie account on one device owned or leased solely by you, for your personal use and strictly in accordance with the Terms, for the period selected by you in the case of a subscription, and in other cases for as long as daisie or the applicable application provider have rights to provide you the daisie App. All rights not expressly granted to you in the Agreement are reserved.
You therefore agree:
5.3.Availability and Technical requirements:The availability of the App may vary and is provided at our sole discretion. We may change or cease providing the App Store (or any part of it) at any time. The store where you purchase the App may not be available during the routine maintenance periods and other times. To access and use the store where you purchase the App, you will need to comply with our technical requirements, including device compatibility.
We make no warranty of any kind in respect of the App, either express or implied, such as but not limited to warranty regarding the quality or fitness of the App for a particular purpose.
5.4.Devices:To access and use the App, you will need to comply with our technical requirements, including device compatibility.To use the App, you will need to download and install the App on your device. It is your responsibility to ensure that you have the most up-to-date software installed on your devices. Please note that it is your responsibility to ensure you are equipped to access and use the App and that you are responsible for any so associated costs or charges such as mobile network data charges. We reserve the right to remove and/or disable copies of any App on your device.
5.6.Indemnification:You agree to indemnify us and hold us harmless from any and all third party claims and all liabilities, losses, costs and damages that we suffer, which result from or arise out of your breach of the terms, of your infringement of any Intellectual Property or other rights of a third party (see Responsibilities - Indemnity Section below).
USE A OF DAISIE SERVICES:
1. DAISIE QUESTION TIME
1.1.Question Time and Task: Take part in a live Question/Answer session (“Q&A”) and watch short films curated around community questions; asking and interacting directly with some hosts who are inspiring creators at the top of their respective industries. Creative leaders may set tasks (such as projects) for you to take part in, giving the opportunity for an important exposure if your submission becomes successful.
When you access the daisie App, you have the option to take part in our the Question Time (“QT”). QT offers the possibility to participate in a live Q&A, during which you can ask questions and interact with inspiring creators. After the Q&A session, the invited industry leader will set a Task project (“Task”), specific to the host’s industry and/or his/her career. If you want to, you can participate in the Task challenge and submit your project to daisie. Approximately four weeks after the end of the submissions, we will select, at our own discretion, alongside the industry leader, our favourite submissions, specific to the original Task instructions. If your project is selected, it could be reviewed and collaborated on with the QT host. The winning project(s) will be exposed to all participants that took part in the QT and obtain exposure as described in the instructions and rules for each Task..
Specific requirements and rules will be set up for each Task specifically. The rules and requirements may vary depending on each task. Please review them each time you wish to take part. You must respect the rules and meet the requirements in order to submit your project and have it reviewed by daisie. In addition, to take part in a task, you must be at least 18 years old or have the express a specific authorisation from you parents/legal guardian otherwise. You understand and agree that by participating into a task, daisie reserves the right to select the winning projects among the Users’ submissions.
daisie do not own the QT or the Tasks in it. Your project remains yours. However, you agree that by submitting your project to us, you grant us a similar license to the one you grant us when you post Content on daisie. Therefore please review the Section related to Content, which applies to your submitted project in relation with the Task, to understand how we may use your project and what you warrant when you submit it to us (such as but not limited to the authorisations from third parties who have work on or featuring in it etc.). When you submit a project to us, you grant us a limited license for daisie to use your submission as necessary to provide the Service, and especially the Tasks in the QT Service. As a result, we may DISPLAY OR POST YOUR PROJECT ON dAISIE and also DISPLAY IT ON OTHER MEDIA SERVICES, including television programming, print publications advertising or else. It will therefore become accessible and be linked to or copied from across the public Internet as well as in other media. Please do NOT SUBMIT OR DISPLAY ANYTHING ON dAISIE THAT YOU WOULD NOT LIKE TO BE USED IN THIS WAY, and note that we MAY NOT BE ABLE TO PREVENT FURTHER USE BY THIRD PARTIES WITHOUT YOUR PERMISSION.
1.3. Compliance with the relevant laws: It is a User’s responsibility to comply with the contest laws of your country or jurisdiction. You acknowledge that certain countries or jurisdictions have laws or regulations that may prevent daisie from awarding you with your defined prize. If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any prize at all and consequently be disqualify as the winner and another winner may be chosen.
1.4. Use of your information: Unless prohibited by applicable law, by entering and submitting a Task to daisie, you give us permission to access and use your information such as, but not limited to, your full name, your contact details (email address and location), your submission project, the Content that you displayed on daisie and any of your testimonials in media for advertising purposes related to daisie.
2. DAISIE PROPRIETARY RIGHTS
Daisie is registered a registered trademark.
Exclusive property of daisie: Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logo such as the “d” logo, patents, trademarks (including, without limitation, the daisie marks), service marks, copyrights, photographs, audio, videos, music, soundtracks and User Content belonging to other Users (the “daisie Content”), and all Intellectual Property Rights related thereto, are the respective exclusive property of daisie and its licensors (including other Users who post User Content to the Service).
The Service contains data, information, Intellectual Rights and other content not owned by you(“daisie Property”). You understand and agree that regardless of terminology used, daisie Property represents a limited license right governed solely by the Terms of this Agreement and available for distribution, at daisie’s sole discretion.
Use of daisie property:Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any daisie Content. Any use of the daisie Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Ideas on how to improve daisie: You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place daisie under any fiduciary or other obligation, and that we are free to use the Idea without any additional financial compensation or credit to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, daisie does not waive any rights to use similar or related ideas previously known to daisie, or developed by its employees, or obtained from sources other than you.
Database: You acknowledge that you do not own the account you use to access the Service. You agree that daisie has the absolute right to manage, regulate, control, modify and/or eliminate daisie Property as daisie deems adequate, in any general or specific case, and that daisie will have no liability to you based on its exercise of such right. All data on daisie’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON DAISIE’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. dAISIE DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON dAISIE’S SERVERS.
3. NO PROFESSIONAL ADVICE
If the Service provides professional information (for example, business, legal, financial, medical or else), it is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
5. CHILDREN AND OUR SERVICES
As mentioned at the beginning of our Terms, our services are not directed to children, and you may not use our services if you are under the age of 13. You must also be old enough to consent to the processing of your personal data in your own country.
daisie cares about the integrity and security of your personal information. daisie uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings.However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. USER’S CONTENT COPYRIGHTS
Note that posting or displaying your Content on daisie is not a substitute for registeringthe Intellectual Rights attached to it to the appropriate authorities. Depending on the laws and Regulations of your country or territory, you may wish to register the Intellectual Rights in relation with your creation, such as but not limited to copyrights, trademarks, moral rights, goodwill and other intellectual property rights.
If you have legal proof that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify daisie’s at firstname.lastname@example.org.Please note that this procedure is exclusively for notifying daisie and its affiliates that your copyrighted material has been infringed. The preceding requirements do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the applicable laws.
daisie may, at its own discretion, limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property rights of others, whether or not there is any repeated infringement and in accordance with the law.
1. THIRD-PARTY LINKS AND INFORMATION
The daisie Services (website and app) integrate the respective application programming interfaces, data, databases, sub-processors, media libraries, images, and/or other Intellectual Property of Apple, Inc.; Microsoft Corporation; Google, Inc. (Google Analytics and Google place);Amazon Web Services; Sentry Inc.; Mixpanel; and MailChimp.
This material is proprietary and the subject of copyright protection, database right protection and/or other Intellectual Property rights owned by Apple, Inc.; Bing (Microsoft Corporation); Google, Inc.; Sentry; Mixpanel; Amazon Web Services; The Rocket Science Group (MailChimp) or theirsuppliers. The use of this material is subject to the terms of one or more license agreements. Any unauthorized copying or disclosure of this material will lead to liabilities.
The sub-processors we works with do not endorse daisie Service, but they do have legal protections in the materials they have let us use. You must not violate their legal protections by copying or disclosing the material or removing any copyright mark of those third parties without our permission.
You agree to DEFEND, INDEMNIFY AND HOLD HARMLESS DAISIE AND ITS SUBSIDIARIES, AGENTS, LICENSEES, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (including but not limited to attorney’s fees) arising from:
4. NO WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ARE USING OF THE SERVICE IS AT YOUR OWN RISK. To the maximum extent permitted by applicable law, the service is provided WITHOUT WARRANTIES OF ANY KIND, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from daisie or through the service will create any warranty not expressly stated herein.
Reliability of the service: WITHOUT LIMITING THE FOREGOING, DAISIE, ITS EMPLOYEES, ITS CONTRACTORS, ITS HOSTS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT
- THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
- THE SERVICE WILL MEET YOUR REQUIREMENTS;
-THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
- THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Content downloaded: ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
3rd parties: daisie DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED OR OFFERED BY A THIRD PARTY THROUGH THE DAISIE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND DAISIE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
To the permitted extent of the law: THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
5. LIMITATION OF LIABILITY
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE WHOLE AGREEMENT INCLUDING ANY USER PARTICIPATION IN ANY QUESTION TIME:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAISIE, ITS AFFILIATES, AGENTS, HOSTS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO ANY
IN NO EVENT SHALL DAISIE, ITS AFFILIATES, AGENTS, HOSTS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DAISIE HEREUNDER.
THE LIMITATION OF LIABILITY IN THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DAISIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This includes, but is not limited to, the loss or damage of your INCOME OR REVENUE; SALARY, BENEFITS OR OTHER PAYMENTS; BUSINESS; PROFITS OR CONTRACTS; OPPORTUNITY; ANTICIPATED SAVINGS; DATA; GOODWILL OR REPUTATION; TANGIBLE PROPERTY; WASTED MANAGEMENT OR OFFICE TIME; INTANGIBLE PROPERTY, INCLUDING LOSS, CORRUPTION OR DAMAGE TO DATA OR ANY COMPUTER SYSTEM, HARDWARE OR SOFTWARE.We strongly recommend that you (i) take care to verify the suitability and compatibility of your devices before use, (ii) take reasonable precautions to protect yourself against harmful programs or devices including through installation of anti-virus software.
We may still be liable for death or personal injury arising from our negligence; fraudulent misrepresentation; any other liability which cannot be excluded or limited under applicable law; and only if we have failed to carry out our obligations under these Terms to a reasonable standard, or breached any duties imposed on us by law, including if we have caused death or personal injury by our negligence, and that failure is not attributed to:
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from facilities in the United Kingdom. daisie makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations. You may not use the Service if you are a foreign person or entity blocked or denied by the United Kingdom government.
6. GOVERNING LAW, ENGLISH EXCLUSIVE JURISDICTION AND CLASS ACTION/JURY TRIAL WAIVER
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO RESOLVE THEIR DISPUTES UNDER THE ENGLISH LAW AND ENGLISH EXCLUSIVE JURISDICTION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DAISIE.
6.1. Governing Law
You agree that:
I. the Service shall be deemed SOLELY BASED IN THE UNITED KINGDOM;
II. the Service shall be deemed a passive one that does not give rise to PERSONAL JURISDICTION OVER US, EITHER SPECIFIC OR GENERAL, IN JURISDICTIONS OTHER THAN UNITED KINGDOM;
III.THIS AGREEMENT, ITS SUBJECT MATTER, INTERPRETATION AND ITS FORMATION SHALL BE GOVERNED BY THE ENGLISH LAW;
IV. Notwithstanding the preceding sentences with respect to the SUBSTANTIVE LAW, any DISPUTE RESOLUTION OR LEGAL PROCEEDINGconducted pursuant to the terms of this Agreement,SHALL BE GOVERNED BY THE ENGLISH LAW.
In case of a disagreement between you and daisie, you agree to first contact us at email@example.com in order to inform us of a dispute you might have and try to resolve it with us. As a result, in case of a claim, dispute, or controversy between the Parties on the subject matter, formation, application, interpretation or performance of this Agreement and PRIOR TO ANY LITIGATION PROCEDURE, each Party undertakes to designate a person duly authorized to search for AN AMICABLE SOLUTION IN GOOD FAITH TO ENTER INTO A CONCILIATION PROCEDURE.
These persons shall meet at the initiative of the most diligent Party, within thirty (30) days, from receipt of the letter requesting a conciliation meeting. The Party taking the initiative of conciliation should set the agenda. The decisions, if they are MADE BY COMMON AGREEMENT, will have contractual value and will constitute a SETTLEMENT BETWEEN THE PARTIES ON THE SUBJECT MATTER OF THE DISPUTE.
In the absence of an amicable agreement between the Parties, within a period of sixty (60) days following the conciliation meeting, the dispute shall be referred to and finally resolved by EXCLUSIVE JURISDICTION OF THE COMPETENT ENGLISH COURTS ON AN INDIVIDUAL BASIS. The legal proceeding shall take place in London, ENGLAND and be conducted in ENGLISH language.
6.3. Exclusive Jurisdiction of English Courts
In the unlikely event that daisie and you have not been able to resolve a dispute it has with you after sixty (60) days, WE EACH HERETO IRREVOCABLY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS IN RESPECT TO ANY DISPUTE OR LEGAL PROCEEDINGS IN RESPECT OF THIS AGREEMENT AND ANY MATTER ARISING THEREUNDER, INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS.
YOU ACKNOWLEDGE AND CONFIRM THAT ANY DISPUTE, LITIGATION, LEGAL PROCEEDING, QUESTION OF INTERPRETATION, DAMAGE OR LOSS, WHICH ARISE DIRECTLY OR INDIRECTLY AS A RESULT OF THIS AGREEMENT, AND INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS, SHALL BE SUBJECT TO THE LAWS OF ENGLAND AND NO OTHER JURISDICTION SHALL BE APPLICABLE BUT THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.
YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE ENGLISH COURTS LOCATED IN LONDON, ENGLAND for any actions for which WE RETAIN THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF in a court of competent jurisdiction to PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A OUR COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, INCLUDING ANY PROVISIONAL RELIEF REQUIRED TO PREVENT IRREPARABLE HARM.
YOU AGREE THAT LONDON, ENGLAND IS THE PROPER FORUM FOR ANY APPEALS OF TRIAL COURT PROCEEDINGS OR ANY OTHER DISPUTE RESOLUTION PROCEEDING.
6.4. Class Action and Jury Trial Waiver.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND dAISIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
THIS WAIVER APPLIES TO CLASS ACTION IN ANY JURISDICTION, AND, UNLESS WE AGREE OTHERWISE, THE JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
This Agreement does not give rights to any third parties. You cannot transfer your rights and licenses granted hereunder or obligations under this Agreement without our consent. Our rights and obligations can be assigned by daisie to others without restriction. For example, this could occur if our ownership changes (as in a merger, acquisition or sale of assets or else) or by law. Any attempted transfer or assignment in violation hereof shall be null and void.
7.2. Notification regarding Procedures and Changes to the Agreement
daisie may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by daisie in our sole discretion. daisie reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. daisie is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
This Agreement, together with any amendments and any additional Agreements you may enter into with daisie in connection with the Service, shall constitute the entire Agreement between you and daisie concerning the Service.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and daisie’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any amendment or waiver to our Agreement must be in writing and signed by us. If we fail to enforce any aspect of this Agreement, it will not be a waiver. We reserve all rights not expressly granted to you.
The services of daisie are operated by Daisie Limited, a register company under the number 10711827, located at The Old Casino, 28 Fourth Avenue, Hove, England, BN3 2PJ and which VAT number is 282 0326 25.
If you have any question, please send us an email at [email protected]