END USER LICENSING AGREEMENT
Last updated: May 2014
This page contains the End User Licensing Agreement (“EULA”) between you and Educating Industries. (“EI”), the publisher of TheDailyScam.com and DailyScam.com Web site (the “Site”). The term “Site” as it is used in this Agreement includes any wireless-device-optimized version of the The Daily Scam Web site. You may wish to print this page for reference.
In this Agreement, “you” and “your” refer to each user of the Site. This Agreement sets forth the terms and conditions for your use of the Site. Your use of the Site constitutes your agreement to these terms and conditions.
1. Your Rights.
EI grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided thereon, and to download or print content displayed on our Site, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or Member’s Area or Newsletter subscription/publication or any part of them in any way.
2. Service Charges and Payment.
EI may charge you fees for certain products or services offered for sale through our Site or the related Swag website. Certain Site products and services are available only through the purchase of a subscription (“Weekly Newsletter & Site Membership” or “Weekly Newsletter”) or other type of paid access.
Subscription-Based Services are billed once annually. In order to provide you with uninterrupted service, most of our online Subscription-Based Services renew automatically at the end of the applicable subscription period at the rate then in effect. We alert you at the point of offer when a subscription product is offered on an auto-renewing basis. As explained below, EI will automatically charge your payment card for an auto-renewing subscription unless you cancel your subscription by going to your “My Account” page, logging in with your username and password, and then selecting “cancel subscription.” The “My Account” page can be accessed through a link on the home page. If you are an annual subscriber, you will be sent a reminder notice before the expiration of your subscription term that alerts you to the upcoming subscription renewal charge.
(a) You agree to pay, using a valid payment card that EI accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the annual subscription charges to access the Subscription-Based Services. EI reserves the right to increase fees and surcharges, including fees for Subscription-Based Services, or to institute new fees at any time, upon reasonable notice posted in advance on the Site or sent to you based on contact information you provide on your “My Account” page. Notwithstanding the foregoing, if you purchase a Subscription-Based Service on an annual basis, your rate remains in effect throughout the subscription year, and is subject to increase only for subsequent subscription years.
(b) Unless you take action to cancel your auto-renewing subscription, EI will automatically charge the payment card listed in your account to renew your Subscription-Based Services. EI will send a reminder about the renewal, containing the applicable subscription rate, to the email address provided in your account before your payment card is charged. In the event EI cannot charge the payment card listed in your account, we reserve the right to terminate your access to the Subscription-Based Services.
(c) You may cancel your subscription services at any time subject to the following terms:
- If you purchase a one-year Subscription-Based Service, which is billed once annually at the time you subscribe, you may cancel at any time during that subscription year by logging in to your “My Account” page and selecting “cancel subscription.” Upon cancellation, EI will refund the remainder of your subscription fees on a pro-rata basis that will cover the unused months of your subscription. Partial months will not be refunded. Your access to a Subscription-Based Service will terminate on the next monthly anniversary of your subscription date. For example, if you subscribed on January 15 and cancel on May 10, your access will terminate on May 15 and you will obtain a refund for the period May 15 – January 14 of the following year.
- If instead of canceling your Membership to TheDailyScam.com or Newsletter subscription, you only stop its automatic renewal, your access to your Membership services or weekly Newsletters will terminate on its next annual anniversary date.
(d) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including, without limitation, all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site, including the Subscription-Based Services.
(e) For purposes of identification and billing, you agree to provide EI with accurate, complete and updated information required when purchasing a product or service on our Site, including the information you provide when registering for a Subscription-Based Service (“Registration Data”). Registration Data may include your name, address, telephone number(s), email address and applicable payment card data (e.g., payment card number and expiration date). You may check your “My Account” page to determine whether your Registration Data is current and accurate. You may update your Registration Data at any time through the My Account feature by clicking the My Account link located at the top of the TheDailyScam.com home page and logging in with your username and password. Failure to comply with this provision (including, without limitation, falsification of any Registration Data) may, at EI’s option, result in immediate suspension or termination of your right to use our Site, including the Subscription-Based Services.
(f) You agree to promptly update your Registration Data in your “My Account” page if you know of or suspect unauthorized use of your Subscription-Based Service or other Site service, or in the event of any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or payment card information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your payment card expires, is canceled, is lost or is subject to use without your authorization, or if your Subscription-Based Service or other Site service is subject to use without your authorization, go to your “My Account” page to update your Registration Data.
3. Copyright and Trademarks.
All materials available on the Site, including, without limitation, text, data, images, software and downloadable software applications, audio and video clips, databases and ratings (collectively, the “Content”) are owned or controlled by EI or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute or in any way exploit Content available via the Site, including without limitation content posted by other users in the Site forums, for any public and/or commercial use without the prior written permission of EI.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of EI or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of EI or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of your own trademarks or those of any third parties;
(b) to identify products or services that are not those of EI;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that EI sponsors, endorses or is otherwise connected with your own activities, products and services or those of third parties.
EDUCATING INDUSTRIES® and other related marks (The Daily Scam; Daily Scam) used on this Site are registered trademarks of Educating Industries in the United States and other countries.
4. Forums and Communications; License.
EI may make available to users of the Site e-mail notices, newsletters, chat rooms, message boards, bulletin board services, user feedback and posts or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the “Forums”). You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site (the “Communications”), including to any Forum. EI and its Affiliates do not endorse or accept any Communication as their own or representative of their views. By transmitting any public Communication to the Site, you grant EI an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to EI. You hereby waive all rights generally known as “moral rights” in your Communications (including your Posts), to the extent they can be waived, under any existing or future law of any jurisdiction.
5. Public Communications.
You acknowledge and agree that any Communications, including Opinions and Scam Reports described in Section 8, made to or by means of any Forum are public. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and EI by reason of your transmitting a public Communication to any Forum on the Site.
6. Communicating on or to the Site.
EI cannot review all Communications made on or through the Site. However, EI reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any Communications (or portions thereof) which EI in its sole discretion deems inappropriate, offensive or contrary to any EI policy, or that violate this Agreement.
To help EI maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through, the Site or Forums any Communication which:
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
(vii) violates any applicable laws, rules or regulations;
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) impersonates another person or entity or that collects or uses any information about Site visitors.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site.
7. Unsolicited E-Mail.
You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by EI in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
8. User Forums and Blogs.
The TheDailyScam.com Site offers subscribers a Forum consisting of other Site subscriber reports on digital communications these subscribers have received in which the subscriber perceives the communication as harmful or malicious.
BY ACCESSING, BROWSING OR USING THE SUBCRIBER FORUMS ON THE SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SUBSCRIBER FORUMS, INCLUDING THE SUBMISSION OF ANY SUBSCRIBER REPORTS, COMMENTARY OR POSTS.
You are solely responsible for all Reports, Commentary or Posts that you upload, post, email or otherwise transmit to TheDailyScam.com or Educating Industries.
Liability Disclaimer for Forums. EI is not liable for any statements, representations, descriptions, comments or opinions provided by subscribers in Forums posted on the Site. Forums are displayed for entertainment and informational purposes only. EI cannot guarantee the accuracy, integrity or quality of information in the Forums. Under no circumstances will EI or any third-party providers of the Forums be liable in any way for any posting, including, but not limited to, any errors or omissions in any post, or any loss or damage of any kind incurred as a result of the use of the Forum or the use of any content posted in a Forum message.
With respect to your conduct while using the Forum or Contact Form, you agree not to:
- attempt to disguise the origin of any content transmitted to the Forum or through the Contact Form;
- act in any manner that could negatively affect other users’ ability to use the Forum or Site;
- impersonate any person or entity, including, without limitation, a moderator or a manufacturer or owner of any website or company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post or otherwise transmit any content that:
– is not relevant to the purpose of the Forum which is to expose digital or phone fraud and/or educating Site visitors about digital or phone fraud;
– you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
– is unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
In addition to the grant of rights described in Section 4 above, by communicating to the Site via, you hereby grant EI the right to use on the Site the user name, identifier or any portion thereof submitted in connection with such communications, if EI so chooses.
You further represent and warrant that (i) the communications you submit are either original to you or all third-party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) EI shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the communications.
Once your communications are submitted to the Site, EI may take any or no action with respect to such communications, including, without limitation, deleting, editing, modifying, rejecting or refusing to post such communications with no notice and at EI’s sole discretion. EI may use your user name and geographical location to attribute authorship of communications to you.
System and Network Security and Integrity. You are prohibited from violating the security of any system or network comprising the Site or Forum. Such violations may result in criminal and civil liability.
Enforcement. Notwithstanding anything to the contrary in this Agreement, EI reserves the right to investigate any misuse of the Site, Forum, or its systems, equipment or network. EI reserves the right to screen, edit, modify, remove or disable access to any content that violates these provisions or that EI deems objectionable. EI reserves the right to screen communications for standard errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.). Without limitation of the foregoing, EI reserves the right to report any activity or persons (including the disclosure of appropriate user information) that EI suspects has violated any law or regulation to appropriate law enforcement officials, regulators or other appropriate third parties. EI also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
9. Notice of Privacy Infringement
We intend that all content provided on our Site respect the privacy of third parties upon request. If at any time you believe that any content on our Site infringes your privacy by revealing a full name (first name with surname or family name) or email address (“Personal Information”), then you may request the Personal Information be removed or made illegible from the Site in accordance with the procedures described below.
You must send an email to Info@TheDailyScam.com with the Subject line “Request for removal.” Your email must include:
(i) A complete description of the Site content in question along with a URL (web link) to the Site content in question;
(ii) Identification of the personal information that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or blurred and information reasonably sufficient to permit us to locate the material;
(iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
(iv) A statement in your notification stating, under penalty of perjury, that you are the owner of the Personal Information or authorized to act on behalf of the owner.
When we receive a Notice that complies with the procedures as described above, we will remove or blur the identified material within a reasonable period of time, typically seven days or less. We will then notify you that the personal information has been removed or blurred.
10. Your password.
As part of the registration process for Subscription-Based Services and certain other features, like Forums, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Subscription-Based Services and other products and features, and you agree that EI will have no obligations with regard thereto. If you purchase a Membership or Weekly Newsletter for your non-profit organization, company, business or corporation, you are entitled to share your EI account name and password only with the employees of your non-profit organization, company, business or corporation. If you purchase a Membership or Weekly Newsletter for your school, you are entitled to share your EI account name and password only with the employees and students of your school.
11. Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site, including the Forum, is at your sole risk. EI reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site or to deny access to the to anyone acting in violation of this Agreement at any time. You acknowledge and agree that EI is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither EI nor its Affiliates shall have any liability arising from your purchase of third-party goods or services based upon the information provided on the Site.
12. No Commercial Use Policy.
You agree to use the Site, Forums, products and services you purchase through the Site, including the Subscription-Based Services only in a noncommercial manner and in compliance with EI’s No Commercial Use Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including, without limitation, to any Forum) any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us: Info@TheDailyScam.com.
THE DAILY SCAM NO COMMERCIAL USE POLICY
Published information from EI, including our Site, Newsletter and Forum, is intended solely for the benefit of our subscribers and visitors, in order to help them make informed choices and decisions about telecommunications (Internet, smartphone, texting) safety. Such information may not be used by others in advertising or to promote a company’s products or services. In addition, this policy precludes any commercial use of any of EI’s published information in any form, or of the names of The Daily Scam® or Educating Industries®, without our express written permission.
13. Links to Other Sites.
14. Financial Responsibility.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Subscription-Based Services. You agree to be financially responsible for all usage or activity on your Subscription-Based Services.
You hereby agree to indemnify, defend and hold harmless EI and its Affiliates from and against any and all liability and costs incurred by EI or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. EI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of EI.
18. DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SUBSCRIPTION-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EI AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
19. LIMITATION OF LIABILITY.
USE OF THE SITE AND THE MOBILE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE AND THE MOBILE SERVICES.
UNDER NO CIRCUMSTANCES SHALL EI OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR EI OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, THE SUBSCRIPTION-BASED SERVICES, EVEN IF EI, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF EI AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SUBSCRIPTION-BASED SERVICES AND THE MOBILE SERVICES. YOU HEREBY RELEASE EI AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth herein, EI may cancel or terminate this Agreement at any time. EI also reserves the right to restrict, suspend or terminate your access to the Site and/or the Subscription-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If EI terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, EI reserves the right to refuse to provide access to the Site, or any Subscription-Based Services to you in the future.
(a) To the Agreement.
EI has the right to modify this Agreement and any policies affecting the Site, including, without limitation, the No Commercial Use Policy. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail, conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of EI in providing the Site, including, without limitation:
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the Subscription-Based Services or swag products purchased through our Site,
is to cancel your subscription in accordance with instructions provided in Section 2 above.
(b) To the Site.
EI has the right to modify, suspend or discontinue the Site, or any portion thereof at any time, including the availability of any area of the Site and the Subscription-Based Services. EI may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
This Agreement constitutes the entire agreement between you and EI with respect to the Site and, if applicable, your purchase of EI’s products and services offered through this Site (including the Subscription-Based Services) and supersedes all prior agreements between you and EI. Failure by EI to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts (excluding its choice of law rules). In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
©2013-2017 Educating Industries
Last updated on May 4, 2014
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