Legal Disclaimers – you know the drill, read below.
Welcome to the web site of Complete Media Group, LLC (the “Company”). This web site (the “Web Site”) provides general information about the Company and its products and services free of charge to users in the United States.
1. USE OF THE WEB SITE The Web Site may contain blogs, forums, bulletin board services, message boards, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group.
You agree to use the Web Site only for lawful purposes:
(a) Specifically, you agree not to do any of the following: (1) upload to or transmit on the Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation or relationship with any person or organization; (5) upload to or transmit on the Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Site by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via the Web Site; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) advocate illegal activity or discuss an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Web Site or any networks connected to the Web Site; (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; or (15) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, or which, as determined by the Company, may harm the Company or users of the Web Site or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, or any other publicly available section of the Web Site, and all articles and responses to questions are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site. You grant to the Company the right to use all content you upload or otherwise transmit to the Web Site in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, editing it, modifying it, incorporating it into other material or making a derivative work based on it.
(c) To receive information from the Company, you must provide your e-mail address. It is a condition of your use of the Web Site that all the information you provide is correct, current and complete.
(d) The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Web Site. However, the Company can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(e) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Web Site and may expose you to civil and/or criminal liability.
2. COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of the Web Site (including all information and blog posts, software, text, displays, images and audio) and the design, selection and arrangement thereof (collectively, the “Content”), are proprietary to the Company or its affiliates, licensors, business partners or advertisers and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the Content on the Web Site for personal use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any Content in the Web Site are transferred to you, but remain with the Company or the applicable owner of the Content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Web Site, (ii) access to the Web Site or (iii) use of the Web Site or of any services, products or materials available through the Web Site.
3. TRADEMARKS AND PROPRIETARY INFORMATION
The Company name, the terms DailyHouse, DailyHouse.com, the Company logo, and all related names, logos, product and service names, service marks, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provided trademarks, service marks, logos, and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. All contents of the Web Sites are: Copyright ©2011, Complete Media Group, LLC 902 Broadway, Floor 4. New York, NY 10010. All rights are reserved.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for any reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet, including the Web Site.
The Content is not necessarily complete and/or up-to-date and should not be used to replace any written reports, statements, or notices provided by the Company.
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEB SITE OR ITS CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in the Web Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Web Site, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from the Web Site if it is not, or is no longer accurate or complete.
5. LIABILITY OF THE COMPANY AND ITS LICENSORS
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE CONTENT, ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
7. PRIVACY, PROTECTION OF PERSONAL INFORMATION AND SECURITY
8. DEALINGS WITH OTHER MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through the Web Site, you acknowledge and agree that the Company is not a party to, and will not be responsible for, your interaction with such merchant including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that the Company will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Web Site.
9. COMMENTS AND SUBMISSIONS
The Company welcomes your comments. All comments, suggestions or other information sent by you to the Web Site for internal use by the Company or its advertisers or business partners in response to solicitations on the Web Site will become the Company’s property and you agree that all intellectual property rights therein are transferred to the Company. You understand that any postings, or content submitted for posting, to publicly available portions of the Web Site are non‑confidential for all purposes.
10. HYPERLINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The Web Site may be hyperlinked to other sites which are not maintained by, or related to, the Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Web Site or the Company. The Company has not reviewed any or all of such sites and is not responsible for the content of those sites. The Company is not responsible for webcasting or any other form of transmission received from any hyperlinked site. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with written notice detailing the possible infringement.
The Company’s Copyright Agent for notice of claims of copyright infringement on the Web Site can be reached by emailing info (at) DailyHouse.com, Complete Media Group, LLC. 902 Broadway, Floor 4, New York, NY 10010.
The owner of the Web Site is based in the State of Delaware, USA. The Company makes no representation that materials in the Web Site are appropriate or available for use in other locations. If you access the Web Site from other locations, you are responsible for complying with local laws.
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this agreement or use of the Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on the Web Site will govern the items to which they pertain.
Active Information Collection
Like many other service providers and web site operators, we actively collect information by allowing you to register with us in order to receive updates, articles and other content via e-mail. If you choose to register with the Web Site, you must provide us with your email address. However, it is not necessary to register with the Web Site. We will not collect any personally identifiable information about you unless you provide it to us voluntarily.
Passive Information Collection
As you navigate through a web site, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as navigational data collection. For example, when using the Web Site, we and/or our service providers may track IP addresses, use session and persistent cookies and assign Internet tags. Our system may also automatically gather information about the areas you visit on the Web Site and collect operational information about the technology you use, such as your browser, operating systems, Internet Protocol address, system and application software, peripherals, Internet service providers and the domain name of the web site from which you linked to the Web Site.
In addition, when you view the Web Site, we may store some information on your computer. This information will be in the form of a cookie or similar file and will help us in many ways. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. However, if you choose to block cookies, you may not be able to access and use the Web Site in its entirety. The Company does not collect personally identifiable information automatically, but we may tie information collected automatically to your previously submitted personally identifiable information.
The Company reserves the right to use electronic images known as web beacons—also referred to as single-pixel gifs—that permit the Company to count users who have visited those pages and for other related statistics (e.g., recording the popularity of certain web site content and verifying system and server integrity). Web beacons are not used to access your personal information on the Web Site; they are solely used to compile aggregated statistics concerning the use of the Web Site. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view and a description of the page on which the web beacon resides.
We passively collect information to understand what areas of the Web Site are most popular, which areas may require improvement and what technologies are being used by our visitors. This information helps us to update and improve the Web Site. We also use this information for security purposes, to detect and to block security breaches and to provide you with a safe online environment.
Except as otherwise stated, we may use information collected to improve the Web Site, to customize the Web Site to your preferences, to communicate information to you, for our marketing and research purposes and for any other purpose specified on the Web Site. In addition, we may make full use of all information acquired through the Web Site that is not in personally identifiable form.
Your e-mail address will only be used for the purposes for which you supplied it to us (e.g., responding to your comments or requests for information, sending requested newsletters, etc.).
If you provide personally identifiable information to the Web Site, we may combine such information with other actively collected information unless we specify otherwise at the point of collection.
We may disclose personally identifiable information you provide via the Web Site to third parties, but only:
(a) to contractors we use to support our business (such as writers, technical support, web analytics, etc.), in which case we will require such third parties to agree to use it for the same purposes;
(b) to respond to law enforcement requests, where required by applicable laws, court orders, or government regulations, or where the Company has reason to believe infringing material has been posted on the Web Site; and
(c) in situations involving threats to the physical safety of any person.
The Company does not otherwise distribute to third parties your personally identifiable information. The Company, however, will have no liability for disclosure of information obtained due to errors in transmission or the unauthorized intervention of third parties.
The Company may provide aggregate statistics about its customers, online traffic patterns and related information to reputable third parties, but these statistics will not include any personally identifying information.
Some of our advertisers may display advertisements on the Web Site that solicit, or contain technology to collect, information about our users. This includes cookies, flash cookies, web beacons and other devices designed to track information. This information is collected and used by our advertisers and is outside of our control. If you have any questions about a banner advertisement, you should contact the responsible advertiser directly.
If you post personal information online that is accessible to the public, that information becomes publicly available and can be collected and used by others and redistributed through the Internet and other media channels. You may receive unsolicited messages from other parties in return. We recommend caution when giving out personal information to others in these public online forums.
There may be links on the Web Site provided to other web sites and/or resources over which the Company has no control. These links are provided solely as a convenience to users and should not be construed as an affiliation with or endorsement by the Company. You access and use such other web sites, including the content, items or services on those web sites, solely at your own risk.
If you choose to register with the Web Site, we strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
(a) You may view and modify the personal information you have provided to us by logging on to the Web Site and clicking on “My Account.”
(b) You may also send us an e-mail message at [CustomerService(at)DailyHouse.com] to request access to, correct or delete any personal information that you have provided to us. Should you elect to have all of your information deleted, we will also delete your user account. However, copies of your information may remain in back up storage for some time after your deletion.
We work hard to protect your personal information. We use both technical and procedural methods to maintain the integrity and security of our databases, including the use of restricted access to data with only limited people allowed to access to those databases, employee training and methods such as SSL encryption for data transfer, restricted access to data, and other methods. But you should keep in mind that no Internet transmission is ever completely secure or error-free.
The safety and security of your information also depends on you. Never share your password with anyone else, notify us promptly if you believe your password security has been breached, and remember to log off of the Web Site before you leave your computer.
The Web Site is not intended for children under the age of 13. We will not knowingly collect personally identifiable information from visitors under the age of 13. We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If a child has provided us with personally identifiable information, a parent or guardian of that child may contact us via e-mail at [CustomerService(at)DailyHouse.com] if they would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our databases.
If you have submitted personally identifiable information through the Web Site or an interactive advertisement, or if someone else has submitted your personally identifiable information through the Web Site or an interactive advertisement, and you would like to have that information deleted from our marketing databases, please contact us via e-mail at [CustomerService(at)DailyHouse.com.] We will then use reasonable efforts to remove your personally identifiable information from our files. You may also contact the Company to view your information. The Company will use commercially reasonable efforts to supply you with this information and correct any factual inaccuracies in this information.