September 2016

PageDaily Terms of Use Agreement

Thank you for visiting www.pagedaily.com.

This site, which we call the “PageDaily Site”, forms an important part of PageDaily – a multimedia suite for information content, e-commerce, and other services. PageDaily is owned and operated by AskMelissa, LLC (sometimes called “AskMelissa” and sometimes called “we” or “us” in this Terms of Use Agreement). We publish and distribute our content and provide our services through our web site, email, social media networks, broadcasts, and related communications channels – each of which we include in the term “PageDaily”.

In this Terms of Use Agreement, we provide you with the terms and conditions upon which we make PageDaily available to you. In addition, we have set forth in our Privacy Policy the policies and procedures we follow in respect of your privacy and the information that you provide to us or that we learn about you. You can access our Privacy Policy through the link provided at the bottom of our home page.

By accessing and using any of PageDaily’s resources available to the public, including, without limitation, the PageDaily Site, any PageDaily emails, or any PageDaily social media networks, you acknowledge that you have read, understand, accept, and agree to be bound by this Terms of Use Agreement and our Privacy Policy. We will treat your access and use of PageDaily as acceptance of and agreement with this Terms of Use Agreement and our Privacy Policy, as well as any changes we make in them from time to time, as contemplated below.

If you do not agree with this Terms of Use Agreement or our Privacy Policy, you may not access or use the PageDaily Site, any PageDaily email, any PageDaily social network, or any other part of PageDaily, and any such access or use will be unauthorized.

This Terms of Use Agreement contains the following sections:

  1. PAGEDAILY’S CONTENT, SERVICES, AND SOFTWARE
  2. YOUR CREDENTIALS AS A PAGEDAILY VISITOR/SUBSCRIBER
  3. YOUR SUBSCRIPTION TO PAGEDAILY
  4. VISITOR CONTENT POSTED BY YOU AND OTHER VISITORS
  5. PROTECTION OF COPYRIGHTS
  6. ADVERTISING, PROMOTIONS, AND FEATURED AFFILIATE LINKS ON PAGEDAILY
  7. INTERSTATE AND INTERNATIONAL ASPECTS OF INTERNET COMMUNICATIONS
  8. SECURITY
  9. PRIVACY AND RELATED MATTERS
  10. PROVISIONS REGARDING PROTECTION OF CHILDREN
  11. LIMITATIONS OF LIABILITY
  12. DISCLAIMER OF WARRANTIES
  13. INDEMNIFICATION
  14. TERMINATION; EFFECT OF TERMINATION; SURVIVAL
  15. GENERAL PROVISIONS

1. PAGEDAILY’S CONTENT, SERVICES, AND SOFTWARE

1.1 Definitions of Content, Services, and Software

When you visit or access the PageDaily Site, any PageDaily email, any PageDaily social network, or any other part of PageDaily you will encounter a wide selection of content, services, and software. In addition, some of our content, services, and software may require the use of software that we, our business partners, or other third parties may provide to you.

We use the term “Content” in this Terms of Use Agreement to mean all of the information that we present to you through PageDaily. We present our Content in several formats, including: text and data in alphanumeric form; images and artwork in the form of photographs, drawings, and other graphics; and spoken word, music, animation, and the performing arts in the form of video and audio files that we stream and podcast. Portions of this Content may be tagged using various markup languages such as HTML, XML, and the like. These tags are also included within the meaning of the word “Content”.

We use the term “Services” in this Terms of Use Agreement to mean the functions and features within PageDaily, including: the functions and features programmed into the PageDaily Site; our signature PageDaily email articles; communications, such as service announcements, administrative messages, and communications related to PageDaily access, use, and subscriptions; the forums, blogs, microblogs, video sharing, and other types of social media networks that comprise the PageDaily social networks; search engines; and other functions and features that we provide from time to time.

We use the term “Software” in this Terms of Use Agreement to mean the system of tags and links in our PageDaily web pages and emails, the scripts for interpreting those tags and links, computer programs through which we provide and administer access and use of our Content, Services, and Software.

1.2 Title to Content, Services, and Software

You acknowledge and agree that, as between you and AskMelissa, AskMelissa owns the full right, title, and interest in and to the PageDaily Site, and any Content, Services, and Software, including, without limitation, any intellectual property rights therein (whether or not any of those rights are registered with any government agency), wherever in the world such rights exist.

1.3 Changes in Content, Services, and Software

We reserve the right in our editorial discretion to alter, change, delete, and/or terminate the provision of any of our Content and Services without notice to you. Unless explicitly stated otherwise, the addition of new Content and Services will be subject to this Terms of Use Agreement. In some instances, a particular Service may be the subject of a statement of terms of use separate and apart from this Terms of Use Agreement or to guidelines or rules applicable to such Service, which may be posted by us on the PageDaily web site or in emails from us and further modified from time to time. By accessing and using any such Service you agree to be bound to such separate statement of terms or guidelines or rules, as applicable.

1.4 Hypertext Links and Search Results

PageDaily contains hypertext links to web sites maintained by third parties and may present some third-party web sites in frames within PageDaily. Some of these links will take you to the web sites of third parties for purposes of making purchases of products or services featured or described in our Content. (We refer to products and services available from third-party sites as “Third Party Products and Services”.) In addition, PageDaily provides a search engine. YOU ACKNOWLEDGE AND AGREE THAT PAGEDAILY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF ANY SUCH THIRD-PARTY SITES OR THE COMPLETENESS OR ACCURACY OF THE CONTENT OF ANY SUCH THIRD-PARTY SITES; AND PAGEDAILY DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PROMOTIONS, OR MATERIALS ON SUCH THIRD-PARTY SITES OR ANY THIRD-PARTY PRODUCTS AND SERVICES. YOUR ACCESS OR USE OF ANY SUCH THIRD-PARTY SITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE, INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICY, OF EACH SUCH SITE.

1.5 License to Access and Use PageDaily

Under this Terms of Use Agreement, we grant you a royalty-free, nonexclusive, nontransferable, non-sublicensable, and personal right and license to access and use the Content, Services, and Software we provide to you through PageDaily. This license is for the sole purpose of enabling you to use and enjoy the benefit of the PageDaily Content, Services, and Software in the manner permitted by this Terms of Use Agreement.

Except as expressly permitted by applicable law or as authorized by PageDaily or the applicable licensor (such as an advertiser), you agree not to reproduce, duplicate, copy, modify, rent, lease, loan, sell, resell, trade, distribute, transmit, broadcast, publicly perform, or create derivative works based on, or otherwise exploit for any commercial or noncommercial purposes, any portion or use of, or access to, the Content, Services, or Software, in whole or in part.

As a condition of your use of PageDaily, you agree that you will not use the Content for any purpose that is unlawful or prohibited by this Agreement.

You agree not to modify the Software in any manner or form nor to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to any Content, the PageDaily Site, the PageDaily email service, any PageDaily social network, or any other Service or Software. You agree not to access or use the PageDaily Site, any PageDaily email, any PageDaily social network or any other part of PageDaily by any means other than through the interface that is provided or authorized by PageDaily for such access and use.

To the extent that we provide any Software to you in the form of object code, we will grant you a personal, nontransferable, and nonexclusive right and license to use that object code on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in that object code.

You may not assign or grant any sublicense of your rights under this license, grant a security interest in or over your rights under this license, or otherwise transfer any part of your rights to use the Content, Services, or Software.

You acknowledge and agree that the Services and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

The use or misuse of any materials we provide, except as permitted herein, is expressly prohibited and may be in violation of laws relating to copyrights, trademarks, defamation, libel, privacy, publicity law, and communications. Please be advised that PageDaily actively and aggressively enforces its intellectual property rights and the privacy and other rights of others to the fullest extent of the law.

2. YOUR CREDENTIALS AS A PAGEDAILY VISITOR/SUBSCRIBER

We require that our visitors and subscribers have the proper credentials and competence to access and use PageDaily in the manner we intend for such access and use and that your access and use of PageDaily is consistent with online social conduct that is reasonable, appropriate, and in accordance with applicable laws, regulations, ethics, and morals.

You may only access and use the PageDaily Site, the PageDaily social networks, or subscribe to the PageDaily email service if (a) you are at least thirteen (13) years of age; (b) you possess, or your parent or guardian on your behalf possesses, as applicable, the legal capacity to form a binding contract with us with respect to such access and use; (c) you agree to comply with your obligations and responsibilities under this Terms of Use Agreement; and (d) you have not been barred from such access or use by us for violations of this Terms of Use Agreement or under the laws of the United States or any other country (including the country in which you are resident or from which you seek to access or use PageDaily or subscribe to the PageDaily email service).

Some of our Content may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to access or use PageDaily or become a PageDaily subscriber. From time to time we may limit certain Content on PageDaily to visitors who are at least eighteen (18) years of age or twenty-one (21) years of age.

3. YOUR SUBSCRIPTION TO PAGEDAILY

PageDaily offers its signature daily article that we email to you and from time to time other news, features, alerts, and other items that we think our subscribers find helpful. To receive these emails, you must become a PageDaily subscriber by clicking on the link www.pagedaily.com/index-subscribe.php and completing the subscription form at that link. (For your convenience, we have placed this link on each page within the PageDaily Site.) Upon subscribing to PageDaily’s email publications, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the PageDaily subscription form (your “Subscription Data”) and (b) maintain and promptly update your Subscription Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or PageDaily has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, PageDaily has the right to suspend or terminate your subscription and refuse any and all current or future access and use of PageDaily (or any portion thereof).

4. VISITOR CONTENT POSTED BY YOU AND OTHER VISITORS

4.1 Definition of Visitor Content and Post; Ownership of Visitor Content

From time to time you may want to transmit to us for our private consideration or post, upload, or otherwise submit or make available for inclusion on the PageDaily Site open for contributions from Visitors or any PageDaily social network, in whatever medium and format you use, whether tagged or untagged, any of the following that you create or otherwise control (collectively, “Visitor Content”): text; video recordings; audio recordings of spoken words, music, or other sounds; images, photographs, or other graphics; works of authorship; software; or other materials. We use the word “Post” to refer collectively to the acts of so posting, uploading, or otherwise submitting or making available for such inclusion your Visitor Content. We do not claim a copyright or other ownership rights in any Visitor Content that you Post or transmit to us. After Posting any Visitor Content or otherwise transmitting Visitor Content through the resources of PageDaily, you shall continue to retain ownership of such Visitor Content.

4.2 Your Responsibility for Visitor Content You Post and Transmit

We do not assume any responsibility to monitor Visitor Content Posted to PageDaily for accuracy or unacceptable use, nor will we authenticate or endorse any Visitor Content. But we reserve the right to review all Visitor Content prior to, simultaneous with, or following its entry onto the PageDaily Site or any PageDaily social network, and to prevent such entry or remove such Visitor Content following such entry in our sole and absolute discretion.

You agree that you are solely and entirely responsible for all Visitor Content that you Post or that you privately transmit to us, and that you will Post or privately transmit only Visitor Content that (a) you have written or generated yourself and to which you own all rights or that you otherwise control and have the right to Post and license to us and other visitors to PageDaily as provided in the preceding paragraph; (b) does not violate any of the prohibitions on Posting Visitor Content or use of PageDaily’s resources set forth in this Terms of Use Agreement; (c) you have obtained the consent of any individual (or the legal guardian of such individual if such individual does not have legal capacity to give such consent) before including any personally identifiable information or likeness of such individual in any Posting by you of Visitor Content; and (d) does not require the payment of any royalties, fees, or other amounts due to any person by reason of such Posting. CHILDREN UNDER THE AGE OF THIRTEEN ARE NOT PERMITTED TO SUBMIT ANY VISITOR CONTENT.

While we do not intend to censor Visitor Content nor discourage the free flow of expression of views and thoughts that may be controversial or unpopular, we reserve the right, but are not obligated, to take such action as we deem appropriate in cases where Visitor Content presents deeply and widely offensive and/or harmful views.

We reserve the right to block or remove any Posting of Visitor Content from you, at any time, for any reason, and without prior notice to you, at our sole discretion.

4.3 Our Response to Questions You Post

Subject to any applicable terms and conditions set forth in our Privacy Policy, any Visitor Content that you Post is and will be deemed to be nonconfidential. PageDaily shall have no obligation to respond to, or to take any action of any other kind with respect to, any Visitor Content in the nature of questions, comments, suggestions, or the like. In cases where we receive questions or comments from more than one visitor that are the same or similar, we may post that question or comment to one or more locations in the PageDaily Site where we address frequently asked questions. If we respond to you, we will need to use your personal identifying information, in which case various people may need to see the information you provide in order to so respond to you.

We may use your Visitor Content to help us improve PageDaily. PageDaily shall be free to use, without any obligation to make any payment or provide other consideration to you, any ideas, concepts, know-how, or techniques contained in any Visitor Content from you for any purpose whatsoever, including, without limitation, developing or having developed by third parties additional Content, Services, and Software, and manufacturing and marketing, or having manufactured and marketed by third parties, products and services, except to the extent that you indicate in such Visitor Content such subject matter is the subject of patent or other intellectual property rights that allow you to exclude us and third parties from such stated activities.

4.4 Prohibited Postings and Transmissions

The following types of Postings of Visitor Content and uses of PageDaily’s resources are strictly prohibited, and you expressly acknowledge and agree that the following prohibitions apply to your Postings and your access and use of PageDaily:

  • Posting of any Visitor Content or transmission that would violate the intellectual property or similar rights of others, including Posting of unauthorized copyrighted material and trademarks or service marks used in an infringing fashion, and Posting of misappropriated trade secrets or other confidential proprietary information;
  • Posting of any Visitor Content or transmission that would violate the privacy rights of other persons, including Postings by you that include any personally identifiable information or likeness of such persons, in any format or medium, without the express written permission of each and every other such person;
  • Posting or transmission of any expressions or images that are: harmful; threatening; abusive; harassing; vulgar; pornographic; obscene; tortious; defamatory; libelous; invasive of another’s privacy; hateful; racially, ethnically, or otherwise objectionable; or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Terms of Use Agreement, our Privacy Policy, our Editorial Policy, or such other policies that we implement from time to time;
  • Posting of any advertising, promotional material, or other solicitation except in such locations within the PageDaily Site or PageDaily social networks where such Postings are authorized; and
  • Use of any PageDaily Services, Software, or related resources to transmit “junk mail,” “spam,” “chain letters,” “pyramid schemes”, harmful computer code, or similar malicious or anti-social content.

4.5 How to Report Abuse

We encourage you to report to us using the email address reportabuse@pagedaily.com any Postings or uses of PageDaily that are in violation of the prohibitions set forth above.

4.6 Our and Other Visitors’ Rights to Use Your Visitor Content

You agree to grant us and any other visitors or subscribers to PageDaily a perpetual, irrevocable, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display on PageDaily any such Visitor Content that you Post.

4.7 General Practices and Limits

You acknowledge that we may establish general practices and limits concerning use of our Content, Services, and Software, whether made available through the PageDaily Site, any PageDaily email, any PageDaily social network, or any other part of PageDaily. Examples of such limits include, without limitation, the maximum amount of Visitor Content that we may allow you to Post and the maximum number of times (and the maximum duration for which) you may access the PageDaily Site and any PageDaily social networks in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any Visitor Content that you Post or transmit to or through the PageDaily Site or any PageDaily social network. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.

5. PROTECTION OF COPYRIGHTS

We respect the intellectual property rights of others, and ask that you do the same. So we take seriously any acts that violate our copyrights or the copyrights of third parties. Any unauthorized reproduction, publication, further distribution, or public exhibition of the Content provided by PageDaily, in whole or in part, is strictly prohibited.

We will respond vigorously to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act of 1998 [the “DMCA”]), and we reserve the right, in appropriate circumstances and in our sole discretion, to suspend or terminate the license to access and use PageDaily of any person who repeatedly infringes our copyrights or the copyrights of third parties.

If you believe that your work has been copied on the PageDaily Site or any PageDaily social network in a way that constitutes copyright infringement, you may request removal of those materials (or access thereto) therefrom by contacting our copyright agent (identified below) and providing the following information to our us at the address set forth below: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you believe has been infringed; (c) a description of where the material you claim is infringing is located on the PageDaily Site or PageDaily social network; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the complained use is not authorized by the copyright owner, its agent, or the law; and (f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. Please send such notices to the following address:

PageDaily Copyright Agent
An AskMelissa, LLC Multimedia Property
181 East 90th Street
New York, NY 10128
Attention: Melissa Meyers (Facsimile Number: 212.410.7888)
email: copyright@pagedaily.com

6. ADVERTISING, PROMOTIONS, AND FEATURED AFFILIATE LINKS ON PAGEDAILY

6.1 Advertising and Promotions, Generally

PageDaily presents advertisements and promotions for the products and services of third parties. The means by which we present these advertisements and promotions include, without limitation, placement of such advertisements and promotions within PageDaily web pages and emails, pop-up windows, and as links to the web sites maintained by these third parties. We receive advertising revenue from these third parties in return for allowing them to so advertise and promote their products and services on PageDaily. The manner, mode, and extent of advertisements and promotions on PageDaily are subject to change without specific notice to you. In partial consideration for PageDaily allowing you to access and use PageDaily, you agree that PageDaily has the right to display such advertisements and promotions and to change them at any time without specific notice to you.

6.2 Featured Affiliate Links

As part of our Content, we publish features about various classes of products and services within the lifestyle categories that we cover in our Content. In some cases we may have affiliate relationships with providers of these products and services. When you connect to their sites through links on PageDaily (which we refer to in this Terms of Use Agreement as “Featured Affiliate Links”) and purchase products or services from them, we may receive a commission from them based on your purchase.

6.3 No Endorsements

The fact that PageDaily contains advertisements and promotional content for third parties and editorial content that contains links to third-party web sites for the purchase of products and services does not by itself mean that PageDaily endorses or recommends any of the goods or services that are the subject of such advertisements, promotions, and editorial content. You acknowledge and agree that PageDaily is not responsible for accessibility to, or the content on, any of the web sites or other resources for which any such advertisements, promotions, or editorial content on PageDaily contains links or for any goods or services that you purchase from third parties that you access through these links.

6.4 Disclaimer of Liability

PageDaily takes no responsibility for and does not make any representations or warranties regarding: any advertisements or promotions placed on PageDaily by third-party advertisers and sponsors; any goods or services that are the subject of these advertisements, promotions, or Featured Affiliate Links; any of the content of any web sites maintained by these third-party advertisers and sponsors whether or not linked to by PageDaily or framed within PageDaily; the content of third-party web sites provided as results of searches conducted on any search engine provided by PageDaily; or any performance by any of these third-party advertisers or sponsors or any other third party in connection with any transaction or arrangement into which you may enter with them through the use of Featured Affiliate Links on PageDaily or otherwise. Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors listed on or through PageDaily, including payment by you and delivery to you of any related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers or sponsors.

PAGEDAILY DISCLAIMS LIABILITY FOR ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING OR PROMOTIONAL CONTENT ON PAGEDAILY AND ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SUCH ADVERTISER OR SPONSOR WHOSE ADVERTISEMENTS OR PROMOTIONS APPEAR ON PAGEDAILY OR FOR WHICH FEATURED AFFILIATE LINKS ARE PROVIDED ON PAGEDAILY. YOU ACKNOWLEDGE AND AGREE THAT PAGEDAILY IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF ANY SUCH RELIANCE OR ANY SUCH RELATIONSHIP OR TRANSACTION.

6.5 Intellectual Property Rights in Advertisements and Promotions

You acknowledge and agree that the content of advertisements and promotions presented to you through PageDaily and the sites to which those advertisements and promotions may contain links may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor (such as an advertiser), you agree not to modify, distribute, transmit, broadcast, display, publicly perform, or create derivative works based on such content in whole or in part.

6.6 Search-related and Directed Advertisements

PageDaily also may select certain sites as priority responses to search terms you enter and PageDaily may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.

These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.

7. INTERSTATE AND INTERNATIONAL ASPECTS OF INTERNET COMMUNICATIONS

AskMelissa operates PageDaily from its offices in New York, New York, in the United States of America. We make no claims that the PageDaily Site, any PageDaily email, any PageDaily social network, or any Content, Services, or Software is appropriate or may be accessed or downloaded outside of the United States. Access to the Content, Services, Software, and one or more components of PageDaily may not be legal by certain persons or in certain countries. If you access any PageDaily Content, Services, or Software, including, without limitation, the PageDaily Site, any PageDaily email, or any PageDaily social network, from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction in which you do so.

Portions of PageDaily’s computer network may from time to time be located in various locations both within and outside the United States. Moreover, because of the structure of the Internet, communications that seem to be intrastate or interstate in nature can result in the transmission of interstate and international communications, respectively, regardless of where you are physically located at the time of transmission. You thus acknowledge that when you access or use the PageDaily Site or any PageDaily social network, you will be causing communications to be sent through interstate and international means. Accordingly, by agreeing to this Terms of Use Agreement, you acknowledge that accessing and using the Content, Services, and/or Software results in interstate data and international transmissions. Recognizing the global nature of the Internet, you agree not to intentionally or unintentionally violate any applicable local, state, national, or international law and to comply with all laws and rules applicable to you regarding online conduct and acceptable Visitor Content.

Access and use of any Content, Services, or Software, including, without limitation, accessing and using the PageDaily Site, any PageDaily email, and any PageDaily social network, and the Posting of any Visitor Content, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer Content, Services, Software, or technology and technical data through the PageDaily Site or any PageDaily social network to parties identified on such lists; (b) agree not to use any Content, Services, or Software, including, without limitation, the PageDaily Site, any PageDaily social network, or any other resources of PageDaily, for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the PageDaily Site or any PageDaily social network any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.

The Content, Services, and Software, including¸ without limitation, the PageDaily Site, the PageDaily social networks, and the PageDaily emails, are intended to comply with the laws and regulations in the U.S. Although the information from PageDaily is accessible to users outside of the U.S., the Content, Services, and Software are intended for use only by residents of the U.S. Other countries may have laws and regulatory requirements that differ from those in the U.S. The PageDaily Site, PageDaily emails, and PageDaily social networks contain links to sites of third parties, some of which may be based outside the U.S. Those sites may have information that is appropriate only to that particular originating country. PageDaily reserves the right to limit provision of its Content, Services, and Software to any person, geographic region, or jurisdiction and/or to otherwise limit its Content, Services, and Software in its sole and absolute discretion. Any offer for any goods or services made on the PageDaily Site is void where prohibited.

8. SECURITY

We employ various security mechanisms to protect the security and integrity of the Content, Services, and Software, including, without limitation, the PageDaily Site, the PageDaily social networks, and the PageDaily emails. Any attempt to override or circumvent any of these mechanisms is strictly prohibited. These mechanisms include, without limitation, programs that monitor traffic and identify unauthorized attempts to upload or alter Content and Software, alter Services, or otherwise cause damage. In the event of authorized law enforcement investigations, and pursuant to any required legal process, information from these mechanisms may be used to help identify an individual under such investigation or subject to such legal process.

We caution you that use of the Internet and email communications are not perfectly secure against unauthorized interception. We bear no responsibility for any such unauthorized interception of Internet and email communications between you and PageDaily.

9. PRIVACY AND RELATED MATTERS

We have set forth our Privacy Policy in a separate statement that you can obtain by clicking on the applicable link at the bottom of the home page and each other page on the PageDaily Site.

10. PROVISIONS REGARDING PROTECTION OF CHILDREN

We are concerned about the safety and privacy of all PageDaily users, particularly children. You agree to not use PageDaily to harm minors in any way.

While PageDaily has been designed to appeal to a broad base of visitors and subscribers, PageDaily is not intended or designed to attract children under the age of 13, and some Content may contain health- or medical-related materials that are sexually explicit or otherwise inappropriate for children. In addition, visitors over whom we have no control may post Visitor Content on the PageDaily Site or in PageDaily social networks that could contain adult or mature content that may be inappropriate for teens and children. Accordingly, as the parent or legal guardian of any child under the age of 18, it is your responsibility to determine whether any of the Content or Services provided through PageDaily is appropriate for your child, and you agree to supervise and to be fully responsible for any access or use by your child of any Content or Services provided through PageDaily. We will not accept subscriptions to PageDaily’s email publications from any child under the age of 13.

We will not collect personally identifiable information from any person we actually know is a child under the age of 13 without parental consent. If a child sends us an e-mail inquiry or comment, we may answer it, then delete the e-mail from our files.

Also, we will not knowingly accept responses to any surveys, questionnaires, or interviews that we conduct for market research or other purposes with any person under the age of 18.

11. LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASKMELISSA, ITS AFFILIATES (DEFINED BELOW), AND OUR AND THEIR SUBSCRIBERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, PROVIDERS OF CONTENT, SERVICES OR SOFTWARE, LICENSORS, ADVERTISERS, AND OTHER SUPPLIERS (EACH A “PAGEDAILY PARTY”; COLLECTIVELY, THE “PAGEDAILY PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO ACCESS OR USE THE PAGEDAILY WEB SITE; (b) THE COST OF PROCURING SERVICES IN SUBSTITUTION FOR OUR SERVICES AND THE COST OF PROCURING PRODUCTS AND SERVICES IN SUBSTITUTION FOR THIRD-PARTY PRODUCTS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PAGEDAILY WEB SITE; OR (e) ANY OTHER MATTER RELATING TO PAGEDAILY’S CONTENT, SERVICES, OR SOFTWARE OR ANY THIRD-PARTY PRODUCTS AND SERVICES.

YOU AGREE THAT NONE OF THE PAGEDAILY PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS OR USE OF PAGEDAILY. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY PAGEDAILY PARTY (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY PAGEDAILY PARTY) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR ACCESS OR USE OF PAGEDAILY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

12. DISCLAIMER OF WARRANTIES

PAGEDAILY’S CONTENT, SERVICES, AND SOFTWARE ARE PROVIDED “AS IS”. WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF OUR CONTENT, SERVICES, OR SOFTWARE OR ANY THIRD-PARTY PRODUCTS AND SERVICES ABOUT WHICH WE PROVIDE INFORMATION OR THAT ARE AVAILABLE THROUGH THE WEB SITES TO WHICH WE PROVIDE LINKS, INCLUDING, WITHOUT LIMITATION, FEATURED AFFILIATE LINKS. WITH REGARD TO OUR CONTENT, SERVICES, AND SOFTWARE, THIRD-PARTY PRODUCTS AND SERVICES, AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH PAGEDAILY, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF WWW.PAGEDAILY.COM, WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, OR ACCURACY OF OUR CONTENT, SERVICES, OR SOFTWARE OR THAT OF ANY OTHER INTERNET-BASED OR MOBILE-BASED COMMUNICATIONS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. ALTHOUGH WE MAY UPDATE OUR CONTENT, SERVICES, AND SOFTWARE FROM TIME TO TIME, PLEASE NOTE THAT THE TYPE OF INFORMATION WE PROVIDE AND THE AVAILABILITY OF THIRD-PARTY PRODUCTS AND SERVICES CHANGES RAPIDLY. THEREFORE, SUCH INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES MAY NOT BE AVAILABLE OR MAY NOT BE AVAILABLE FOR THE PRICE OR OTHER TERMS AND CONDITIONS SUGGESTED BY US OR ANY THIRD PARTY.

CERTAIN OF THE CONTENT ON PAGEDAILY REFERS TO MATTERS OF HEALTH, WELL-BEING, AND FITNESS. YOU SHOULD NOT REGARD ANY SUCH CONTENT AS BEING MEDICAL ADVICE, DIAGNOSIS, THERAPY, OR TREATMENT.

In addition, we do not control any Visitor Content, and, therefore, we do not guarantee the accuracy, integrity, or quality of any Visitor Content. You understand that by accessing and using PageDaily, you may be exposed to Visitor Content that is offensive, indecent, or objectionable, or may otherwise violate the prohibitions on Visitor Content set forth above. UNDER NO CIRCUMSTANCES WILL PAGEDAILY BE LIABLE IN ANY WAY FOR ANY VISITOR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY VISITOR CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY VISITOR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PAGEDAILY.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless any and all PageDaily Parties from and against all claims, demands, losses, expenses, damages, liabilities, costs, and the like, including reasonable attorney’s fees, arising in any action, proceeding, or the like brought by any third party and based on any allegation involving (a) the submission, posting, transmission, modification, or other provision of User Content by you to PageDaily; (b) your access or use of PageDaily; and (c) your breach of the terms of this Terms of Use Agreement and our Privacy Policy (including, without limitation, misappropriation or infringement of third parties’ intellectual property rights, violation of privacy rights, defamation or libeling of any third party, or other negligent or wrongful conduct) by you or any other person accessing or using PageDaily through your computer.

14. TERMINATION; EFFECT OF TERMINATION; SURVIVAL

14.1 Termination by Us

We reserve the right to limit, suspend, or terminate your access and use of PageDaily and your subscription to the PageDaily email service, without prior notice, at any time, for no reason or any reason, including, without limitation: (a) our belief that you have violated or acted inconsistently with the letter or spirit of this Terms of Use Agreement, any agreements or guidelines incorporated into this Terms of Use Agreement, or the terms of use of any site of any of our business partners that you access through PageDaily; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the PageDaily Services (or any part thereof); (e) unexpected technical or security issues or problems; (e) you provide any information that is untrue, inaccurate, not current, or incomplete in connection with your subscription; (f) engagement by you in fraudulent or illegal activities; and/or (g) nonpayment of any fees owed by you in connection with the PageDaily Services. Further, you agree that all such limitations of access, suspensions, and terminations shall be made in PageDaily’s sole discretion and that PageDaily shall not be liable to you or any third party for any termination of your subscription or your access or use of PageDaily. You agree that your PageDaily subscription is nontransferable and any rights to your PageDaily subscription terminate upon your death.

14.2 By User/Subscriber/Member

You may terminate at any time your agreement with us under this Terms of Use Agreement and any PageDaily subscription we maintain for you by notifying PageDaily at http://www.pagedaily.com/unsubscribe that you wish to terminate your subscription to the PageDaily email service.

14.3 Effect of Termination

Upon termination of your access and use of PageDaily, we may immediately deactivate your PageDaily subscription, bar you from accessing PageDaily, and/or cease providing any further PageDaily email or other services previously provided to you under this Terms of Use Agreement. You agree that we shall not be liable to you or any third party for any termination of your access to and use of PageDaily.

14.4 Survival

The following provisions of this Terms of Use Agreement shall survive termination of our agreement with you under this Terms of Use Agreement: 1.2 (PageDaily’s Content, Services, and Software―Title to Content, Services, and Software); 4 (Visitor Content Posted by You and Other Visitors); 11 (Limitations of Liability); 12 (Disclaimer of Warranties); 13 (Indemnification); 14 (Termination; Effect of Termination; Survival); and 15 (General Provisions).

15. GENERAL PROVISIONS

15.1 Notices

We may deliver notices to you under this Terms of Use Agreement, including notices regarding changes to this Terms of Use Agreement, by any reasonable means now known or hereafter developed, including, without limitation, regular mail or overnight courier (if we have your street address); postings on www.pagedaily.com; electronic mail to the email address on file with us; or SMS, MMS, or text message (if we have the applicable address for any such medium). Such notices may not be received if you violate this Terms of Use Agreement by accessing PageDaily in an unauthorized manner. Your agreement to this Terms of Use Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed www.pagedaily.com in an authorized manner. You may give notice to us by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the address set forth below or by electronic mail to the email address set forth below:

PageDaily
An AskMelissa, LLC Multimedia Property
181 East 90th Street
New York, NY 10128
Attention: Melissa Meyers (Facsimile Number: 212.410.7888)
email: info@pagedaily.com

15.2 Assignment

We may assign our rights and duties under this Terms of Use Agreement to any party at any time without notice to you. You may not assign your rights or duties under this Terms of Use Agreement to anyone else.

15.3 Entire Agreement

This Terms of Use Agreement constitutes the entire agreement between you and us and governs your access and use of PageDaily, superseding any prior version of this Terms of Use Agreement or other agreement between you and us with respect to PageDaily. From time to time, however, you may be subject to additional terms and conditions that may apply when you access or use specific PageDaily Content, Services, or Software and any content, services, and software of our business partners and other third parties.

15.4 Third-Party Beneficiaries

You acknowledge and agree that each of the companies that AskMelissa controls, that controls AskMelissa, or with which AskMelissa is under common control (such companies being “Affiliates” of AskMelissa) shall be third-party beneficiaries of this Terms of Use Agreement and that each Affiliate of AskMelissa shall be entitled to directly enforce, and rely upon, any provision of this Terms of Use Agreement that confers a benefit on (or rights in favor of) AskMelissa or any such Affiliate. No other person or company shall be third-party beneficiaries to this Terms of Use Agreement.

15.5 Amendments and Changes

Please note that we reserve the right to change any or all of this Terms of Use Agreement at any time from time to time and without prior notice to you. Whenever we make any such change, such as through amendments, revisions, or supplements, we will post them to this statement of our Terms of Use Agreement, and place a notice of such changes on our home page and other appropriate locations within PageDaily. Any such change will be binding from and after the date of effectiveness set forth in the applicable amendment, revision, or supplement. Your access or use of PageDaily following any such change will constitute your acceptance to be bound by this Terms of Use Agreement as so changed. You should be alert and should regularly review this Terms of Use Agreement for any such changes.

15.6 Waiver and Severability of Terms

The failure of PageDaily to exercise or enforce any of its rights under this Terms of Use Agreement shall not constitute a waiver of such right. The provisions of this Terms of Use Agreement are severable, and in the event any provision hereof is determined by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, such circumstance shall not in any way affect the lawfulness, validity, or enforceability of the remaining provisions, and such other provisions shall remain in full force and effect.

15.7 Governing Law

We each agree that this Terms of Use Agreement and the relationship between us shall be governed by the laws of the State of New York without regard to its conflict of law provisions and that any and all claims, causes of action, or disputes arising out of or relating to this Terms of Use Agreement or the relationship between us shall be brought exclusively in the U.S. federal and state courts located in the County of New York, New York. We each agree to submit to the personal jurisdiction of said courts and to waive any and all objections to the exercise of jurisdiction over each of us by such courts and to venue in such courts.

Effective Date: May 7, 2010

Copyright © 2010 AskMelissa, LLC All Rights Reserved