TERMS of service
Last updated: April 14, 2023.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Daceyah Media website (the "Service") operated by Daceyah Media ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Content
All content provided on the Service, including but not limited to text, graphics, images, videos, and other material ("Content"), is owned by Daceyah Media or its licensors or suppliers and is protected by copyright, trademark, and other applicable laws. You may not reproduce, distribute, transmit, display, or otherwise use the Content, except as expressly permitted in these Terms or with prior written consent from Daceyah Media.
2. User Conduct
You agree to use the Service only for lawful purposes and in a manner that does not infringe on the rights of others or restrict or inhibit their use and enjoyment of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.
3. User Submissions
By submitting any material, including but not limited to comments, photographs, videos, or other content, to the Service, you grant Daceyah Media a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material in any media. You represent and warrant that you own or have the necessary rights to submit the material and that the use of the material will not violate any rights of any third party, including but not limited to copyright, trademark, privacy, or publicity rights.
4. Links to Other Websites
Our Service may contain links, advertisements, or other content that includes links to external websites or services that are not operated by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. By using the Service, you acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
5. Disclaimers and Limitation of Liability
The Service and its Content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Daceyah Media disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall Daceyah Media or its affiliates, directors, employees, licensors, or suppliers be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
6. Indemnification
You agree to defend, indemnify, and hold harmless Daceyah Media, its affiliates, licensors, suppliers, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
7. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
9. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Mandatory Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
10. Application
You and Daceyah Media agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms.
The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
11. Initial Dispute Resolution
Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected] and provide a brief, written description of the dispute and your contact information. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us.
12. Binding Arbitration
If we cannot resolve a dispute through informal negotiation within thirty (30) days of receipt of the written description of the dispute, either party may initiate binding arbitration. The arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), which are available at www.adr.org, or another established Alternative Dispute Resolution provider mutually agreed upon by the parties. The arbitrator's decision will be final and legally binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
13. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. Exceptions to Informal Negotiations and Arbitration
You and Daceyah Media agree that the following claims are exceptions to the informal negotiations and arbitration provisions:
(i) Any claim relating to actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
15. Location of Arbitration
You may initiate arbitration in either your county of residence or the county where Daceyah Media is headquartered. In the event that you select the county of your residence, Daceyah Media may transfer the arbitration to its headquarters' county if it agrees to pay any additional fees or costs you incur as a result of the change in location, as determined by the arbitrator.
16. Modifications
In the event that Daceyah Media makes any future change to this arbitration provision (other than a change to Daceyah Media's address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to Daceyah Media's address for Notice, in which case your account with Daceyah Media shall be immediately terminated, and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
17. Enforceability
If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the dispute will be decided by a court. If any other clause in this Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.
18. Opt-Out Right
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of your decision to opt out to support@daceyah.com. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of any material change to this Section that is made after your initial use of the Service, whichever is later; otherwise, you shall be bound to arbitrate disputes as set forth in these Terms. If you opt out of these arbitration provisions, Daceyah Media also will not be bound by them.
19. Confidentiality
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
20. Contact Us
If you have any questions about these Terms, please contact us at support@daceyah.com.
By using the Daceyah Media website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Daceyah Media website (the "Service") operated by Daceyah Media ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Content
All content provided on the Service, including but not limited to text, graphics, images, videos, and other material ("Content"), is owned by Daceyah Media or its licensors or suppliers and is protected by copyright, trademark, and other applicable laws. You may not reproduce, distribute, transmit, display, or otherwise use the Content, except as expressly permitted in these Terms or with prior written consent from Daceyah Media.
2. User Conduct
You agree to use the Service only for lawful purposes and in a manner that does not infringe on the rights of others or restrict or inhibit their use and enjoyment of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.
3. User Submissions
By submitting any material, including but not limited to comments, photographs, videos, or other content, to the Service, you grant Daceyah Media a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material in any media. You represent and warrant that you own or have the necessary rights to submit the material and that the use of the material will not violate any rights of any third party, including but not limited to copyright, trademark, privacy, or publicity rights.
4. Links to Other Websites
Our Service may contain links, advertisements, or other content that includes links to external websites or services that are not operated by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. By using the Service, you acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
5. Disclaimers and Limitation of Liability
The Service and its Content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Daceyah Media disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall Daceyah Media or its affiliates, directors, employees, licensors, or suppliers be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
6. Indemnification
You agree to defend, indemnify, and hold harmless Daceyah Media, its affiliates, licensors, suppliers, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
7. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
9. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Mandatory Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
10. Application
You and Daceyah Media agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms.
The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
11. Initial Dispute Resolution
Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected] and provide a brief, written description of the dispute and your contact information. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us.
12. Binding Arbitration
If we cannot resolve a dispute through informal negotiation within thirty (30) days of receipt of the written description of the dispute, either party may initiate binding arbitration. The arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), which are available at www.adr.org, or another established Alternative Dispute Resolution provider mutually agreed upon by the parties. The arbitrator's decision will be final and legally binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
13. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. Exceptions to Informal Negotiations and Arbitration
You and Daceyah Media agree that the following claims are exceptions to the informal negotiations and arbitration provisions:
(i) Any claim relating to actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
15. Location of Arbitration
You may initiate arbitration in either your county of residence or the county where Daceyah Media is headquartered. In the event that you select the county of your residence, Daceyah Media may transfer the arbitration to its headquarters' county if it agrees to pay any additional fees or costs you incur as a result of the change in location, as determined by the arbitrator.
16. Modifications
In the event that Daceyah Media makes any future change to this arbitration provision (other than a change to Daceyah Media's address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to Daceyah Media's address for Notice, in which case your account with Daceyah Media shall be immediately terminated, and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
17. Enforceability
If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the dispute will be decided by a court. If any other clause in this Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.
18. Opt-Out Right
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of your decision to opt out to support@daceyah.com. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of any material change to this Section that is made after your initial use of the Service, whichever is later; otherwise, you shall be bound to arbitrate disputes as set forth in these Terms. If you opt out of these arbitration provisions, Daceyah Media also will not be bound by them.
19. Confidentiality
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
20. Contact Us
If you have any questions about these Terms, please contact us at support@daceyah.com.
By using the Daceyah Media website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.