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Terms of Service

These Terms of Service (the “Terms of Service”) govern your use of the DailyPerfect.com web site (the “Service”), which is operated by DailyPerfect OÜ (“DailyPerfect”, “we” or “us”). By using the Service, you consent to be bound by the Terms of Service as well as DailyPerfect’s Privacy Policy (the “Privacy Policy”), a copy of which is available at www.dailyperfect.com/privacy.

1. The Service. The Service selects and displays links to news stories that reside on web sites not owned or controlled by us and provides brief descriptions to help you identify the stories of interest to you. When you click on a news story description, you will be linked to the web site on which that news story appears. We own and retain all intellectual property rights to the Service but we do not claim ownership rights to the underlying news stories, which are instead held by the third-party web sites to which the Service links. You agree that we are not responsible for, and do not control, such third-party web sites or any related content, services or software provided by them.

2. Consent. In order to select news stories which we believe will be of interest to you, we use information submitted by you through the use of the Service and information publicly available about you, including but not limited to information found on other web sites (collectively, “Personal Information”). By agreeing to these Terms of Service you consent to our use and retention of such Personal Information in accordance with our Privacy Policy which is available at www.dailyperfect.com/privacy. Our Privacy Policy also provides information about our use of “cookies” and the cookie technology which we employ.

3. Copyright; Use of the Service. The Service is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You are licensed to use the Service only for your own personal (i.e., non-commercial) use in accordance with these Terms of Service and all applicable laws. Any unauthorized use of the Service will terminate the license granted by us to you under these Terms of Service. If you are uncertain whether your intended use of the Service is permissible, please contact us at info at dailyperfect.com. The following activities are strictly prohibited:

Commercial use of the Service. For example, you may not use the Service to sell a product or service or to increase traffic to your web site for commercial reasons, such as advertising sales;
Use of automated scripts to collect information from or otherwise interact with the Service;
Copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of software used by the Service; and
Engaging in any activity that that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

4. Limitation of Liability. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICE AND THE CONTENT AVAILABLE THROUGH THE SERVICE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND THAT WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DAILYPERFECT AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “DAILYPERFECT PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE DAILYPERFECT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE DAILYPERFECT PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

5. Modifications of Terms. We may, in our sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Service after any modifications or revision constitutes your acceptance of the revised Terms of Service.

6. Miscellaneous. These Terms of Service contain the final and entire agreement between us regarding your use of the Service and supersede all previous and contemporaneous oral or written agreements regarding your use of the Service. We may discontinue or change the Service, or your access to the Service, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third-party is a beneficiary of this Agreement. If any provision contained in these Terms of Service is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service shall be interpreted in accordance with the laws of the State of New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

(Last updated: May 27, 2009)