Thanks for using DailyClout. Our mission is to provide the world with a source of truth and accuracy and to enable citizens to proactively build a freer world.
These Terms of Service (“Terms”) apply to you (“you”, “your”, or “User”) and your access to and use of the websites (“Site”), mobile applications and other online products and services (collectively, the “Services”) provided by DailyCloudt Inc (“DailyClout” or “we”). By clicking your consent (e.g. “Continue,” “Sign-in,” or “Sign-up,”) or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.
ACCESSIBILITY — IF YOU ARE HAVING ANY TROUBLE ACCESSING THESE TOS OR THE SERVICES, PLEASE CONTACT US AT email@example.com>.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you have any questions about these Terms or our Services, please contact us at info@DailyClout.io.
Your Account and Responsibilities
You may need to register for an account to access some or all of our Services. Your Account is for your sole, personal use. When registering, you must ensure that all registration information you provide will always be valid, correct, and up to date. Do not share your account details with others or allow others to access or use your account. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your account or account password, please contact us immediately at info@DailyClout.io.
We may permanently or temporarily suspend or terminate your Account, or otherwise refuse you to access the Site or Services without notice and liability, if, in our sole determination, the information you provided is revealed to be untrue, inaccurate, or incomplete, or if you violate any of these Terms. Upon termination of your Account for any reason, you continue to be bound by the provisions of these Terms that are intended to survive termination.
Your use of the Services must comply with our Rules. If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case the words “you” or “your” in these Terms include that other person or entity.
To use our Services, you must be at least 16 years old.
You hereby consent to receive electronic communications from us (including, inter alia, via email), including notices about your account, such as password changes and information related to transactions. You agree that any notices, agreements, disclosures or other communications that we send to you, either electronically by email, pop-up, phone, text or by posting notices on the Site or Services, or in any other way, will satisfy any legal requirements, including, inter alia, that such communications are in writing.
If you use the Services to access, collect, or use personal information about other DailyClout users (“Personal Information”), you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information, where the term “sell” has the meaning given to it under applicable laws.
For Personal Information you provide to us (e.g. as a Community Admin), you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that DailyClout’s use of such Personal Information in accordance with the purposes for which you provided us the Personal Information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.
User Content on the Services
You are solely responsible for any content that you may send, display, transmit or otherwise make available through the Site or the Services, including any photographs, video and audio content (“Content”). You acknowledge and agree that you are solely responsible for ensuring that your provision and use of Content on the Services complies with all applicable law. You further represent and warrant that (i) you have all rights and consents necessary to provide and use Content; and (ii) your provision and use of Content on the Services will not violate the rights of any third party. Under no circumstances will DailyClout be liable in any way for any Content, including, but not limited to, for any errors or omissions in such content, or for any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any such Content.
DailyClout does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or other content or communications sent through the Site or Services or endorse any opinions expressed therein. You understand that by using the Site and Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. To report any content that violates these Terms, you can contact us here: firstname.lastname@example.org.
DailyClout may review your conduct and content for compliance with these Terms and our Rules, and reserves the right to remove any violating content.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Site and Service by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Site or Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site or Service.
If you believe any materials on the Site or Service infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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
(vi) 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.
All DMCA notices should be sent to our designated agent as follows: DailyClout, PO Box 24, Millerton NY 12546.
It is our policy to terminate relationships regarding Content with third parties who repeatedly infringe the copyrights of others.
Portions of the Site and Services may involve linking to websites belonging to third parties (“Third Party Sites”).
We have no control over Third Party Sites, and all use of any Third Party Sites is at your own risk. DailyClout does not endorse any Third Party Sites and we urge our Users to exercise caution in using any third party websites.
Rights and Ownership
You retain your rights to any Content you submit, post or display on or through the Services.
Unless otherwise agreed in writing, by submitting, posting, or displaying Content on or through the Services, you grant DailyClout a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your Content in all media formats and distribution methods now known or later developed on the Services. DailyClout will only use your Content in order to provide the Services and perform our obligations under these Terms or any other agreements we may have with you, and in order to comply with any applicable laws or our legal obligations.
So long as you comply with these Terms, DailyClout gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services. Such limited license is revocable by us, at our sole discretion, at any time, without us providing you prior notice or incurring any liability. You may only use the Services in accordance with explicit licenses granted under these Terms or as otherwise allowed with the prior written consent of DailyClout and/or in accordance with any additional Service-specific terms that you may have with us.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, other users’ content on the Services, or DailyClout trademarks, logos or other brand features.
DailyClout is the owner of or otherwise licensed to use all parts of the Services and its content (excluding Content), including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some content on the Services belong to third parties who have authorized DailyClout to display the content, such as certain third party licensors. By using the Services, you agree not to copy, distribute, modify or make derivative works of any Content, without the prior written consent of the owner of such content, unless as otherwise permitted by these Terms. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site or Services. All rights not granted under these Terms of Service are reserved by DailyClout.
Separate and apart from the content you submit, post or display on our Services, we welcome feedback, including any comments, ideas and suggestions you have about our Services. We may use this feedback for any purpose, in our sole discretion, without any obligation to you. We may treat feedback as non-confidential. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for DailyClout to utilize your submission, you hereby grant DailyClout an irrevocable, perpetual, royalty-free, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
We may stop providing the Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.
Interactions with other Users
DailyClout is not responsible for mediating any disputes related to our Site or Services that arise between you and other users of the Services or any other third parties. You are solely responsible for your interactions with other Users of the Services, and DailyClout is not party to any such disputes. DailyClout reserves the right, but has no obligation, to monitor disputes between you and other Users. You agree that in conjunction with your use of the Services you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not harass, stalk, intimidate, follow or track people or their possessions, will not impersonate any other person and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. You release DailyClout, its officers, employees, agents and successors from any third-party claims related to such disputes, including, but not limited to any party’s reliance on any inaccurate or misleading content submitted to and/or available on the Site or Services.
You’re free to stop using our Services at any time or by cancelling your account under the My Account menu. We reserve the right to suspend or terminate your access to the Services with or without notice.
Transfer and Processing Data
The Site and Services are controlled and operated within the United States and certain Services may only be intended for use inside the United States. You are hereby prohibited from accessing or using the website from anywhere the Site, Services or any of the features, functionality, tools, or content thereof, is illegal. If you choose to access the Site or Services from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless DailyClout, and our officers, directors, agents, partners and employees (individually and collectively, the “DailyClout Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (i) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), (ii) any breach by you of any of these Terms, or (iii) your violation of the law. You agree to promptly notify DailyClout Parties of any third-party Claims, cooperate with DailyClout Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the DailyClout Parties will have control of the defense or settlement, at DailyClout’s sole option, of any third-party Claims.
Disclaimers — Service is “As Is”
DailyClout aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Site, Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, DailyClout doesn’t represent or warrant that our Site or the Services are accurate, complete, reliable, current or error-free. No advice or information obtained from DailyClout or through the Services will create any warranty or representation not expressly made in this paragraph. DailyClout may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk.
DAILYCLOUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, SERVICES, AND PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, SERVICES AND DAILYCLOUT IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO PROPERTY OR PERSONAL OR BODILY INJURY THAT RESULTS FROM USE OF THE SITE OR SERVICES.
DailyClout does not make any warranty regarding the quality, completeness, usefulness of the Site, or Services or any information in respect of the Site, or Services. DailyClout does not warrant that the Site, or Services will (i) meet your requirements or expectations, (ii) be delivered uninterrupted, timely, secure, or error-free, (iii) be available, or (iv) the results that may be obtained from the use of the Site or Services will be accurate or reliable.
Some jurisdictions don’t allow the disclaimers in this paragraph and so they might not apply to you.
Limitation of Liability
We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of DailyClout or the other DailyClout Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.
In countries where exclusions or limitations of liability are allowed, DailyClout and DailyClout Parties won’t be liable for:
(a) ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, OR ANY LOSS OF USE, DATA OR PROFITS, UNDER ANY LEGAL THEORY, EVEN IF DAILYCLOUT OR THE OTHER DAILYCLOUT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) OTHER THAN FOR THE TYPES OF LIABILITY WE CAN’T LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT THE TOTAL LIABILITY OF DAILYCLOUT AND THE OTHER DAILYCLOUT PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, TO THE GREATER OF $50.00 USD OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES.In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, electronic equipment, hardware, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site or Services, including any injury or damage to Users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Site or Services.
Resolving Disputes; Binding Arbitration
We want to address your concerns without needing a formal legal case. Before filing a claim against DailyClout, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at info@DailyClout.com or by certified mail addressed to DailyCloudt Inc, P.O. Box 24, Millerton, NY 12546. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with DailyClout and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and DailyClout agree that any dispute arising out of or related to these Terms or our Services is personal to you and DailyClout and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or DailyClout seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or DailyClout seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and DailyClout waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York City, NY. You and DailyClout agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(c) You and DailyClout agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, DailyClout, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) You and DailyClout agree that for any arbitration you initiate, you will pay the filing fee, and DailyClout will pay the remaining JAMS fees and costs. For any arbitration initiated by DailyClout, DailyClout will pay all JAMS fees and costs. You and DailyClout agree that the state or federal courts of the State of New York and the United States sitting in New York City, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and DailyClout will not have the right to assert the claim.
(h) If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
Governing Law and Venue
These Terms and any dispute that arises between you and DailyClout will be governed by New York law except for its conflict of law principles. Any dispute between the parties that’s not subject to arbitration or can’t be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York City, New York.
Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
DailyClout’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the terms and policies listed in the Other Terms and Policies that May Apply to You Section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.