The services offered by Daigg ("Daigg") and available at daigg.day.com ("Site") are provided to registered and unregistered members ("You", "User", "Member" or "Client") in agreement with the Terms of Service (the" Service "or the" Services") described in this page.
The term "registered member" is defined as any person who has created an account at the Site or any other site using the coRank platform, and has used such account at the Site.
The term "usregistered member" is defined as any person who visits the Site or is presented any content generated by the Site.
The use, direct or indirect of the services offered by Daigg implies the acceptance of these terms. This Agreement will remain in full force and effect as long as you use the Site and/or are a registered member.
2.1 . - It is strictly prohibited to use the Services offered by Daigg for sending unsolicited email of any type. To this effect, it is understood by unsolicited email or unsolicited messages, any action in the Site thar results in an email message sent to any person who has not explicitly expressed they would like to receive such messages, or who has no previous relationshipd with the sender. Any action in violation of this clause is considered unauthorized access to our network systems and resources.
2.2 . - It is also prohibited the promotion of any content hosted at the Site by means of the delivery of unsolicited messages. This includes but is not limited to advertising messages or unsolicited invitations.
2.3 . - It is strictly forbidden to use techniques or tricks to evade technical and social anti-spam protection systems, including but not limiting to the acts of creating different accounts in order to circumvent any prventive measures set by the Site, or the mass-delivery of messages to one or more user accounts. As in clauses 2.1 and 2.2, any action in violation of this clause is considered unauthorized access to our computer systems and resources.
2.4 . - CAN-SPAM Act. - When someone sends a message or an invitation to someone by using the tools provided by the Service, such message delivery is meant to be used for redistributing the message to the recipient. That is, Daigg servers act as relay or retransmission servers of email messages, not as mail servers for individual email accounts.
Since, per these terms of services, the sending of unsolicited email as defined in clauses 2.1 to 2.3 of these Terms is not authorized, any unsolicited message sent by using the Service is in direct violation of Sections 104(a)(2) and 105(b)(3) of the S.877 CAN-SPAM Act of 2003, and Daigg will, at its own discretion pursue civil liability charges against the initial sender of the electronic message and recover damages as specified in Section 107(f)(1), 107(f)(2) and 107(f)(3) of the S.877 CAN-SPAM Act of 2003.
2.5 . - Using the services offered by Daigg for the purposes of retaliation, revenge or punishment is prohibited.
2.6 . - It is strictly prohibited to use the name, brand names, email addresses, titles or positions of Daigg in messages or publications not managed directly by Daigg, especially if the use of such names could be interpreted as if Daigg was the original author of such publications. If the distribution of the content is carried out by an organization other than Daigg, it is also prohibited using the name, brand names, email addresses, titles or positions of Daigg if such use could be interpreted as if Daigg is the originator of such distribution.
3.1 . - THE OPINIONS OF Daigg DO NOT HAVE TO AGREE WITH THE OPINIONS EXPRESSED BY THE MEMBERS IN THE SUBMITTED ITEMS, COMMENTS OR PROFILE PAGES HOSTED AT Daigg. Daigg IS NOT REPONSIBLE IN ANY WAY OF THE CONTENT PUBLISHED ON THESE ITEMS, COMMENTS OR PAGES.
3.2 . - Daigg IS NOT REPONSIBLE, DIRECTLY OR INDIRECTLY, OF COMPLAINTS, LEGAL, MORAL OR ANY OTHER KIND OF DISPUTES OR PROBLEMS, ARISED AS A RESULT OF THE USE OF THE SERVICE OR DUE TO ANY CONTENT AVAILABLE AT ANY TIME ON THE WEB SITE.
3.3 . - MEMBERS USE THE SERVICES PROVIDED BY Daigg UNDER THEIR OWN RESPONSIBILITY. Daigg DOES NOT TAKE RESPONSIBILITY OF THE CONTENTS, MATERIALS OR DATA OBTAINED BY MEANS OF USING THE SERVICES OFFERED BY Daigg, NOR OF THE DAMAGES THAT CAN BE CAUSED TO MEMBERS AS A RESULT OF THE USE OF THE SERVICES.
3.4 . - YOU AS A MEMBER MEMBER ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF Daigg. Daigg RESERVES THE RIGHT, WITHOUT OBLIGATION, TO MONITOR DISPUTES BETWEEN MEMBERS.
3.5 . - Daigg IS NOT RESPONSIBLE IN ANY WAY FOR ANY CORRECT, INCORRECT, ACCURATE OR INACCURATE CONTENT POSTED ON THE WEB SITE OR IN CONNECTION WITH THE SERVICE. Daigg IS NOT RESPONSIBLE FOR THE CONDUCT, ONLINE OR OFFLINE OF ANY USER OR MEMBER OF Daigg. THIS SERVICE IS PROVIDED "AS IS", AND Daigg DISCLAIMS ANY WARRANTY OR FITNESS FOR ANY PARTICULAR PURPOSE
3.6 . - YOU AGREE TO INDEMNIFY AND HOLD Daigg, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542.
4.1 . - You must be 13 years old or older to register as a member of Daigg or to use any of the services offerer by Daigg. Membership is void where prohibited. By using any of Daigg services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
4.2 . - The member agrees not to transmit, spread, publish, distribute, exchange, sell or make available to third parties through Daigg content, elements, images, texts, announcements, messages, or any other product that in any way can be considered (i) illegal, offensive, abusive, or in any case questionable, (ii) racist, profane or libel, or that promotes terrorism, physical, moral or material damage to one or other individuals or groups, (iii) that discloses or makes available illegal or clandestine activities, (iv) that attempts against fundamental rights and public liberties, (v) that induces, urges or promotes criminal activities, libel, slander or violent attitudes or discriminative comments because of sex, race, religion, beliefs, age or condition (vi) criminal activities or in general, against the law or the public order, and in particular those that could attempt against the rights of minors, (vii) that are protected by copy, intellectual or industrial property rights without having obtained the proper and legal authorization, (viii) forging the identity or information of the sender or recipient. In the event that you become exposed to any of such prohibited content, you waive your right to any damages related to or caused by such exposure.
4.3 . - The member agrees not to encrypt or cipher contents distributed through Daigg by means of algorithms or formulas, especially but not limited to those that cannot easily be deciphered by Daigg or by law enforcement agencies.
4.4 . - The member agrees not to use the services offered by Daigg for the purchase, sale or exchange of questionable articles or whose commerce could be controlled or prohibitted, including among others the purchase, sale or exchange of alcohol, live animals, firearms, impounded property, illegal TV decoders, drugs and utensils for their use, fake or counterfeit stamps or currency, credit cards, human organs, plants, stolen articles or tobacco.
Daigg will be in no case responsible, neither in civil nor criminal terms, by any damages derived directly or indirectly from the breach by the member of the obligations herein.
4.5 . - The member agrees to always act in good faith when using the Service. The member agrees to describe accurately any content posted by the member.
4.6 . - The member agrees to enter only truthful information in his/her profile pages, and to not ever enter information representing an animal, inanimate object, fictional character or a real person other than yourself. The violation of this clause might result in account termination and when applicable, reporting to the authorities for identity thefth.
5.1 . - Members are not allowed to include any kind of advertising while using the Service, including but not limited to the posting of links or comments. The only area where a user can advertise is by including the URL of an external site in the "Blog" field of the user's profile page.
6.1 . - Reselling or charging for the use of this service or parts of it to third parties is prohibited without previous authorization from Daigg. If you are interested in reselling this Service, please contact us: http://daigg.day.com/contact.html.
6.2 . - Users are discouraged from charging a fee for submitting news, links or websites to the Site. However such activity is not explicitly prohibited, should a user be remunerated are required to state so at the beginning of the link description.
Remember that in Daigg, every user selects who their sources are. Whether you are getting paid to post a particular link, many users who originally selected you as a source may not simpathize with your "lucrative business" and drop you as a source, in which case, your chances of getting your links to other users will be greatly reduced.
7.1 . - The content, past, present or future generated through the Services offered by Daigg it is defined as collective work, property of the user who publishes and originates such contents. This user may, if he or she wishes, declare such content to be in the public domain, and assign or waive any other rights.
7.2 . - The natural or legal person with legal rights over the content grants Daigg the right to decide whether the content has to be broadcasted or delivered and in what forms. In any case, Daigg will respect this right as long as the member accepts the implicit distribution and delivery channels of the Service.
7.3 . - The member grants Daigg nonexclusive, free, permanent and irrevocable rights of reproduction, distribution and public communication to use, distribute, copy, reproduce and show any material, partial or complete, posted to the Site, and exempts Daigg and their successors of any type of responsibility from exercising these rights. Otherwise, Daigg would not have legal rights to publish or to distribute the posted content, among other things.
7.4 . - The member will be able to contract or use, without expressed authorization from Daigg, similar services, or to stop using the Services, with or without reason, and with or without previous warning.
7.5 . - Members agree not to post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
8.1 . - The natural or legal person described in clauses 7.1 and 7.2 assumes all the responsibility in making sure the published content or derivative content do not include material that violates any of the clauses of these Terms.
8.2. - If the posted content or derivative contents include material not appropriated for minors or incurs a civil or criminal liability in certain regions for certain audience, the natural or legal person described in clauses 7.1 and 7.2 assumes all the responsibility from posting such content.
9.1 . - The database for the services offered by Daigg is managed by Daigg, their only proprietor, under the jurisdiction of the State of California in the United States of America.
Daigg reserves the right to cancel this Service at any time.
Daigg does not usually reviews, moderates or modifies the content published by members of the service, however Daigg reserves the right to review or to eliminate any content, comment or account, with or without warning, especially if Daigg considers that these Terms have not been honored.
Daigg reserves the right to modify these Terms at anytime in the future. Once a member accepts these Terms of Service, the member accepts all whichever updates are done in the future by Daigg.
