Please read the following Terms of Service fully and carefully before using www.SoFetchDaily.com (the “Site”) and the services, features, content or applications (together with the Site, the “Services”) offered by So Fetch Daily/The Daily Quirk (“So Fetch Daily,” “we,” or “us”). These Terms of Service set forth the legally binding terms and conditions for your use of the Services. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”). This Agreement applies to all visitors, users, and others who access the Service (“Users”)
ARBITRATION NOTICE AND CLASS ACTION WAIVER: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You may use the Services only if you can form a binding contract with So Fetch Daily. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of this Agreement. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Right to Discontinue or Terminate
So Fetch Daily reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that So Fetch Daily shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Services. In addition, we reserve the right to terminate your access to the Services for any reason, and to take any other actions that So Fetch Daily, in its sole discretion, believes to be in the interest of So Fetch Daily and of our users as a whole.
The Services (including all text, photographs, graphics, video and audio content contained on the Site) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising the Services are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on the Site.
You retain all ownership of all intellectual property rights in the original content you submit to So Fetch Daily. By submitting content you are giving us the right to display and/or publish such content on the Services, to store such content, and to distribute such content and use such content for promotional and marketing purposes.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and to remove or block any Content from the Services.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions of content you affirm, represent, and/or warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions and to enable inclusion and use of such submissions and in the manner contemplated by us and these Terms and Conditions;
- and you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions and to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions.
In furtherance of the foregoing, you agree that you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material or sell the material as embodied in the Products and to grant us all of the rights granted herein;
- publish falsehoods or misrepresentations that could damage us or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- submit advertisements, solicitations of business or otherwise submit content that would constitute an endorsement of any product or service if you received any benefit in exchange for posting such content that might affect the credibility of such endorsement. We reserve the right to remove or not publish submissions without prior notice.
Content Use Restrictions
Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Services or any Content, except as permitted under the last sentence of this Section. Without limiting the generality of the foregoing (but subject to the last sentence of this Section), you may not distribute any part of the Site or any Content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on the Services; accordingly, you may from time to time excerpt and use materials set forth on the Services consistent with the principles of “fair use”.
Neither you nor any third party shall make use of the contents of the Services in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
So Fetch Daily will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting, sale of a Product or distribution of it via the Site, then you may send us a written e-mail notice that includes all of the following:
- a subject line that says: “DMCA Copyright Infringement Notice”;
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL)
- your full name, address and telephone number;
- a statement by you that you have 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;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed);
- and your electronic or physical signature.
So Fetch Daily will only respond to DMCA Notices that it receives e-mail at the following address: firstname.lastname@example.org
It is often difficult to determine if your copyright has been infringed. So Fetch Daily may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and So Fetch Daily may elect to remove or disable access to allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification
If access on the Services to a work that you submitted to So Fetch Daily is disabled or removed as a result of a DMCA Notice, and you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the e-mail address above. Your DMCA Counter-Notification should contain the following information:
- a subject line that says: “DMCA Counter-Notification”;
- a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL);
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your full name, address and telephone number;
- a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person;
- and your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
You agree to indemnify and hold harmless So Fetch Daily, the core team, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, violation of these Terms of Service, or infringement by you of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
Limitation of Liability
So Fetch Daily, the core team, contractors, directors, suppliers and representatives are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the Services or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies on the Services (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
Third Party Services
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by So Fetch Daily. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You expressly relieve So Fetch Daily from any and all liability arising from your use of any third-party website, service, or content. Additionally, the inclusion of any such link does not imply our endorsement or any association between us and their operators.
Release of Claims
You hereby release So Fetch Daily, the core team, contractors, directors, suppliers and representatives in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of having acquired or not acquired any Content through the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
By accessing the services you and So Fetch Daily agree that we intend that this section (Arbitration) satisfies the “writing” requirement of the Federal Arbitration Act. This section (Arbitration) can only be amended by mutual agreement.
You agree that all disputes between you and So Fetch Daily with regard to your relationship with us, including without limitation disputes related to these Terms of Service, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration consumer-related disputes of and you we hereby expressly waive trial by jury. Discovery and other rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
You agree to give up your right to participate as a class representative or class member on any class claim you may have against us including right to class arbitration or any consolidation of individual arbitrations.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.
Entire Agreement and Severability
These Terms of Service are the entire agreement between you and So Fetch Daily with respect to the Services, including use of the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
So Fetch Daily aims to provide unbiased editorials. However, we wish to disclose that we receive free products from marketers that we sometimes review or discuss in our editorials.
So Fetch Daily shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
These Terms of Service are effective as of July 1, 2016.