DailyStocks Terms of
Service
Welcome to DailyStocks!
Thanks for using our products and services ("Services"). The Services are provided by DailyStocks
Inc. ("DailyStocks"), located at 6384 Saunders St #3J, Rego Park, New York, United States 11374.
By using our Services, you
are agreeing to these terms. Please read them carefully.
Our Services are very
diverse, so sometimes additional terms or product requirements (including age
requirements) may apply. Additional terms will be available with the relevant
Services, and those additional terms become part of your agreement with us if
you use those Services.
Using our Services
You must follow any policies made available to you within the
Services.
Don't misuse our Services.
For example, don't interfere with our Services or try to access them using a
method other than the interface and the instructions that we provide. You may
use our Services only as permitted by law, including applicable export and
re-export control laws and regulations. We may suspend or stop providing our
Services to you if you do not comply with our terms or policies or if we are
investigating suspected misconduct.
Using our Services does not
give you ownership of any intellectual property rights in our Services or the
content you access. You may not use content from our Services unless you obtain
permission from its owner or are otherwise permitted by law. These terms do not
grant you the right to use any branding or logos used in our Services. Don't
remove, obscure, or alter any legal notices displayed in or along with our
Services.
Our Services display some
content that is not DailyStocks's. This content is
the sole responsibility of the entity that makes it available. We may review
content to determine whether it is illegal or violates our policies, and we may
remove or refuse to display content that we reasonably believe violates our
policies or the law. But that does not necessarily mean that we review content,
so please don't assume that we do.
In connection with your use
of the Services, we may send you service announcements, administrative
messages, and other information. You may opt out of some of those
communications.
Some of our Services are
available on mobile devices. Do not use such Services in a way that distracts
you and prevents you from obeying traffic or safety laws.
Your DailyStocks
Account
You may need a DailyStocks Account in
order to use some of our Services. You may create your own DailyStocks
Account, or your DailyStocks
Account may be assigned to you by an administrator, such as your employer or
educational institution. If you are using a DailyStocks
Account assigned to you by an administrator, different or additional terms may
apply and your administrator may be able to access or disable your account.
Privacy and Copyright Protection
DailyStocks's privacy
policies explain how we treat your personal data and protect your privacy when
you use our Services. By using our Services, you agree that DailyStocks
can use such data in accordance with our privacy policies.
We respond to notices of
alleged copyright infringement and terminate accounts of repeat infringers
according to the process set out in the U.S. Digital Millennium Copyright Act.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or
receive content. You retain ownership of any intellectual property rights that
you hold in that content. In short, what belongs to you stays yours.
When you upload, submit,
store, send or receive content to or through our Services, you give DailyStocks (and those we work with) a worldwide license to
use, host, store, reproduce, modify, create derivative works (such as those
resulting from translations, adaptations or other changes we make so that your
content works better with our Services), communicate, publish, publicly
perform, publicly display and distribute such content. The rights you grant in
this license are for the limited purpose of operating, promoting, and improving
our Services, and to develop new ones. This license continues even if you stop
using our Services (for example, for a business listing you have added to DailyStocks Maps). Some Services may offer you ways to
access and remove content that has been provided to that Service. Also, in some
of our Services, there are terms or settings that narrow the scope of our use
of the content submitted in those Services. Make sure you have the necessary
rights to grant us this license for any content that you submit to our
Services.
Our automated systems
analyze your content (including emails) to provide you personally relevant
product features, such as customized search results, tailored advertising, and
spam and malware detection. This analysis occurs as the content is sent,
received, and when it is stored.
If you have a DailyStocks Account, we may display your Profile name,
Profile photo, and actions you take on DailyStocks or
on third-party applications connected to your DailyStocks
Account (such as +1's, reviews you write and comments you post) in our Services,
including displaying in ads and other commercial contexts. We will respect the
choices you make to limit sharing or visibility settings in your DailyStocks Account. For example, you can choose your
settings so your name and photo do not appear in an ad.
You can find more
information about how DailyStocks uses and stores
content in the privacy policy or additional terms for particular Services. If
you submit feedback or suggestions about our Services, we may use your feedback
or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this
software may update automatically on your device once a new version or feature
is available. Some Services may let you adjust your automatic update settings.
DailyStocks gives you a personal, worldwide, royalty-free, non-assignable
and non-exclusive license to use the software provided to you by DailyStocks as part of the Services. This license is for
the sole purpose of enabling you to use and enjoy the benefit of the Services
as provided by DailyStocks, in the manner permitted
by these terms. You may not copy, modify, distribute, sell, or lease any part
of our Services or included software, nor may you reverse engineer or attempt
to extract the source code of that software, unless laws prohibit those
restrictions or you have our written permission.
Open source software is
important to us. Some software used in our Services may be offered under an
open source license that we will make available to you. There may be provisions
in the open source license that expressly override some of these terms.
Modifying and Terminating our
Services
We are constantly changing and improving our Services. We may
add or remove functionalities or features, and we may suspend or stop a Service
altogether.
You can stop using our
Services at any time, although we'll be sorry to see you go. DailyStocks may also stop providing Services to you, or add
or create new limits to our Services at any time.
We believe that you own
your data and preserving your access to such data is important. If we
discontinue a Service, where reasonably possible, we will give you reasonable
advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of
skill and care and we hope that you will enjoy using them. But there are
certain things that we don't promise about our Services.
OTHER THAN AS EXPRESSLY SET
OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DAILYSTOCKS NOR ITS SUPPLIERS
OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE
DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC
FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO
MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS ISâ€.
SOME JURISDICTIONS PROVIDE
FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW,
WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, DAILYSTOCKS, AND DAILYSTOCKS'S SUPPLIERS
AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA,
FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES.
TO THE EXTENT PERMITTED BY
LAW, THE TOTAL LIABILITY OF DAILYSTOCKS, AND ITS SUPPLIERS AND DISTRIBUTORS,
FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS
LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO
SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, DAILYSTOCKS,
AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that
business accepts these terms. It will hold harmless and indemnify DailyStocks and its affiliates, officers, agents, and
employees from any claim, suit or action arising from or related to the use of
the Services or violation of these terms, including any liability or expense
arising from claims, losses, damages, suits, judgments, litigation costs and
attorneys' fees.
About these Terms
We may modify these terms or any additional terms that apply to
a Service to, for example, reflect changes to the law or changes to our
Services. You should look at the terms regularly. We'll post notice of
modifications to these terms on this page. We'll post notice of modified
additional terms in the applicable Service. Changes will not apply
retroactively and will become effective no sooner than fourteen days after they
are posted. However, changes addressing new functions for a Service or changes
made for legal reasons will be effective immediately. If you do not agree to
the modified terms for a Service, you should discontinue your use of that
Service.
If there is a conflict
between these terms and the additional terms, the additional terms will control
for that conflict.
These terms control the
relationship between DailyStocks and you. They do not
create any third party beneficiary rights.
If you do not comply with
these terms, and we don't take action right away, this doesn't mean that we are
giving up any rights that we may have (such as taking action in the future).
If it turns out that a
particular term is not enforceable, this will not affect any other terms.
The laws of New York, U.S.A., excluding New York's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of New York County, New York, USA, and you and DailyStocks consent to personal jurisdiction in those courts.