TERMS OF SERVICE

Website Terms of Use

This page (together with the documents referred to on it) tells you the terms of use (the “Terms of Service”) on which you may make use of our website www.TheDailyLove.com (the “Website”), whether as a guest or a registered user, and any Daily Publication that you subscribe for us to send to you (the “Journal”). Please read these terms of use carefully before you start to use the Website, subscribe for the Daily Publication or read the Daily Publication (or any part of it or them). By using the Website and/or by subscribing for the Issues and/or by reading the Issues (or any part of it or them), you indicate that you accept these Terms of Use and that you agree to abide by them. Your use of any part of the Website, your subscription to the Daily Publication or your reading of the Issues (or any part of it or them) constitutes your acceptance of these Terms of Use which takes effect on the date on which you first use the Website, subscribe to the Daily Publication or read the Issues (or any part of it or them). If you do not agree with these Terms of Use, you should cease using the Website, cease your subscription to the Daily Publication or cease your reading of the Issues (or any part of it or them) immediately.

The Website and the Daily Publication are operated by Daily Love Media, Inc, a company registered in Delsware with whose registered office is at 8033 Sunset Blvd – Suite 994 West Hollywood, CA 90046 (and we refer to ourselves as “we”, “us” or “our” in this document). We own and operate the Website and the Daily Publication on our own behalf.

We reserve the right to change these Terms of Use at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Website and/or subscription to the Daily Publication after changes are posted constitutes your acceptance of the amended Terms of Use.

The Website and the Daily Publication are intended for persons over the age of 16 only. To use the Website (without registering for an account to purchase products via the Website) and subscribe to receive the Daily Publication or other marketing or promotional material from us (in any form and via any media) you must be 16 years of age or over. If you are under 16 and you wish to use the Website (without registering for an account to purchase products via the Website) or subscribe for the Daily Publication you must get consent from your parent or guardian before doing so. If you have already subscribed for the Daily Publication or other promotional or marketing material and you are under the age of 16 but you do not have consent from your parent or guardian, please inform us immediately by email to [email protected]

In order to register for an account to purchase any product via the Website, you must be over the age of 18. Please see our Terms and Conditions for more details about this.

We are a company registered in Delaware, so we have complied with applicable America laws in making the Website, the Journal and their content available to you. If the Website or a Journal is accessed by you from outside of The United States, this is entirely at your risk. We make no representation that the Website or the Journal and their content are suitable for use outside of England. If you choose to access or use the Website or the Journal from or in locations outside England, you do so on your own initiative and are responsible for:

  • ensuring that what you are doing in that country is legal; and
  • the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licences, registrations, permits and authorisations (including any laws that relate to businesses providing services).

You are responsible for all access to the Website and the Journal through your Internet connection and for bringing these Terms of Use to the attention of all such persons.
Use of the Website and subscription to the Journal does not include the provision of a computer or other necessary equipment to access it. To use the Website or access the Journal you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.

You shall not in any way use the Website or the Journal or submit to us or to the Website or to any user of the Website or subscriber to the Journal anything which in any respect:

  • is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
  • is fraudulent, criminal or unlawful;
  • is inaccurate or out-of-date;
  • may be considered by a reasonable person in the USA to be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
  • impersonates any other person or body or misrepresents a relationship with any person or body;
  • may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
  • may be contrary to our interests;
  • is contrary to any specific rule or requirement that we stipulate on the Website in relation to the Journal, a particular part of the Website or the Website generally; or
    involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
    You may not use any automated means (such as scripts) to access the Website or the Journal or collect any information from the Website or the Journal unless we explicitly agree to allow you to do so in writing.

You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the Website for the purpose of use on the Website or in the Journal or for generally marketing (by any means and in any media) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.

Commentary and other materials posted on the Website or in the Journal are not intended to amount to advice on which reliance should be placed. Subject to paragraphs 24 and 25 below, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or person who accesses or uses the Journal, or by anyone who may be informed of any of their contents.

You assume sole responsibility for results obtained from the use of the Website and/or the Journal, and for conclusions drawn from such use. Subject to paragraphs 15, 24 and 25 below, we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Website or the Journal, or any actions taken by us at your direction.

You agree to comply at all times with any instructions for use of the Website and the Journal which we make from time to time.

Availability of the Website and the Journal, Security and Accuracy

We warrant that, in making the Website and the Journal available to you, we shall use our reasonable skill and care.

While we endeavor to make the Website available 24 hours a day, we cannot be liable if for any reason the Website is unavailable for any time or for any period. We make no warranty that your access to the Website, or subscription to the Journal, will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

Access to the Website and subscription to the Journal may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website or access or subscription to the Journal for any reason. If we impose restrictions on you personally, you must not attempt to use the Website or subscribe for or access the Journal under any other name or user.

We do not warrant that the Website or the Journal will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or the Journal or your obtaining any material from, or as a result of using, the Website or the Journal. We shall also not be liable for the actions of third parties.

We may change or update the Website (including but not limited to the Journal archive) and anything described in it without notice to you.

While we endeavor to ensure that information and materials on the Website and in the Journal are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.

Registration for Journals and to Order Products through the Website

If you would like to receive the Journal or other marketing information or you would like to submit an order to the Website to purchase one of the products that may be listed on the Website, you will need to provide us with your name, email address and other personal information, and you may need to register for an account on the Website which you will be able to access on the Website through the “My Account” part of the Website. See our Terms and Conditions for more details about ordering products through the Website. See our Privacy Policy for more details about submitting your personal information to us.

Our Liability

To the extent possible by law and subject to paragraph 24 above, in all cases other than in respect of products or services that we provide to a specific consumer for a fee (which shall be governed by its own contractual terms), to the extent permitted by law:

  • our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability in use or delay in use of the Website and/or the Journal, or any material in them or accessible from them, or from any action or decision taken as a result of using the Website or the Journal or any such material, shall be £1; and
  • we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to any material on the Website or in the Journal or in relation to your use or inability to use or delay in use of the Website and/or the Journal or any material in them or accessible from them or from any action or decision taken as a result of using the Website or the Journal or any such material, in relation to any of the foregoing, for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.

Trade Marks

The “The Daily Love / TDL” name and logos and all related names, design marks and slogans are the trade marks or service marks of us or our licensors.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Website and the Journal, and in the material published in them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website and the Journal for your personal reference and you may draw the attention of others within your organization to material posted on the Website or in the Journal.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

All trademarks, service marks, trade names and photography are the property of Daily Love Media, Inc or Licensee. No use of these may be made without the prior written consent from Daily Love Media, Inc or Licensee. The logo, designs, advertisements, and photographic images described or displayed on the site are the intellectual property of

Daily Love Media, Inc or Licensee and may not be used without permission.

You must not use any part of the materials on the Website or in the Journal for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website or the Journal in breach of these Terms of Use, your right to use the Website and the Journal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Information about You and Your Visits to the Website and Subscription to the Journal

We process information about you in accordance with our Privacy Policy. By using the Website and subscribing to the Journal, you consent to such processing and you warrant that all data provided by you is accurate.

Transactions concluded through the Website

Contracts for the supply of products formed through the Website or as a result of visits made by you are governed by our Terms and Conditions.

Third Party Websites

We have no control over and accept no responsibility for the content of any website to which a link from the Website or the Journal exists (unless we are the provider of those linked websites). Such linked websites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website to which the Website or the Journal provide a link. The website terms and conditions, terms of use and privacy policies of those third party websites will apply to your use of those websites and any orders you make for goods and services via such websites. If you have any queries, concerns or complaints about such third party websites (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website.

You must not without our permission: use or copy any material from the Website or the Journal, including, but not limited to, onto other websites or in other journals or newsletters; or frame any of the Website or the Journal onto your own or another person’s website.

We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:

  • you shall not make any warranties or representations about us, our services or our policies except with our prior express authorization;
  • you shall not say anything that is false, misleading, derogatory or offensive about us or our services or policies; and
  • you shall not suggest expressly or impliedly that we have endorsed your website or are associated with it where this is not the case.

Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
America Law & Jurisdiction

These Terms of Use and your use of the Website and subscription to and use of the Journal (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with American law. You submit to the exclusive jurisdiction of the America courts to settle any dispute which may arise under, or in respect of, these Terms of Use or your use of the Website or subscription to and use of the Journal, except where, by law, such dispute must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.