DailyGobble Terms of Service
Terms of Service
These Terms of Service (“Terms”) govern your access to and use of DailyGobble’s applications, websites and the services provided through such applications or websites (collectively, the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms, The term “you” or “User” refers to a user who downloads and uses a DailyGobble mobile application or registers for DailyGobble’s Services. The term “we” refers to DailyGobble dba Relevant.
Privacy and Your Personal Information
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display (for example text-based commentary, receipt images, and other photos taken using a DailyGobble application and submitted via the application), whether directly by you or by others at your direction, may be able to be viewed by DailyGobble and by your patroned merchant or their third-party providers in their discretion. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with DailyGobble and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that DailyGobble provides are always evolving and the form and nature of the Services that DailyGobble provides may change from time to time without prior notice to you. In addition, DailyGobble may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right, at our sole discretion at any time without prior notice to you, to create limits on use and storage of Content submitted, posted, or displayed by you on the Services.
The Services may include advertisements and offers, which may be targeted to the Content or information on the Services, queries made through the Services, or other information about you and other Users. The types and extent of advertising and offers on the Services are subject to change. In consideration for DailyGobble granting you access to and use of the Services, you agree that DailyGobble, your patroned merchant, and their third party providers and partners may place such advertising and offers on the Services.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will DailyGobble be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Restrictions on the Use of the Services
DailyGobble gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by DailyGobble 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 DailyGobble, in the manner permitted by these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate Users or reclaim usernames. Please review the Rules for Posting below to better understand what is prohibited on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of DailyGobble, its Users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, DailyGobble’s computer systems, or the technical delivery systems of DailyGobble’s providers or your patroned merchant; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by DailyGobble (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with DailyGobble; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without DailyGobble’s express written consent, which may be withheld in DailyGobble’s sole discretion; (vii) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer); (viii) commercially exploit any Content on the Services other than Content provided by you, (ix) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
As part of the Services, DailyGobble allows Users to post Content on various locations through the mobile application (such as on your patroned merchant’s Facebook wall and Twitter page). These locations may be hosted within the mobile application by DailyGobble or by one of our third party service providers on DailyGobble’s behalf. You agree in posting Content to follow certain rules.
1. You are responsible for all Content you submit to the Services.
2. By submitting Content to us, you represent that you have all necessary rights and hereby grant us and your patroned merchant a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, non-revocable sublicenseable and fully transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, perform, and otherwise exploit all or any portion of the Content in connection with the Services and our business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, now existing or hereafter developed. You also hereby grant each User a non-exclusive license to access your posted Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such Content as permitted through the functionality of the Services and under these Terms. No compensation will be paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
3. You may not post or transmit any message which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
4. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
5. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
6. You may not interfere with other Users’ use of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Services, deleting or revising any Content posted by another person or entity, or taking any action that imposes a disproportionate burden on the infrastructure of the Services or that negatively affects the availability of the Services to others.
7. You agree that we and your patroned merchant may use any feedback, suggestions, or ideas you post or submit in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant us and your patroned merchant a perpetual, worldwide, non-exclusive, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to us in any way.
All right, title, and interest in and to the Services (excluding Content provided by Users) are and will remain the exclusive property of DailyGobble and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the DailyGobble name or any of the DailyGobble trademarks, logos, domain names, and other distinctive brand features, or those of your patroned merchant.
You hereby authorize and permit DailyGobble to use and store information submitted by you to the Services (such as account passwords and user names) to maintain your account and to configure the Services so that it is compatible with your patroned merchant’s needs for which you submit your information. DailyGobble cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. DailyGobble cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login ID e-mail address (or other unique identifier needed to create an account using the mobile application for your patroned merchant, such as name or phone number), allows you to access the Services. That login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in the form of push notification, HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify DailyGobble immediately at the email address email@example.com.
DailyGobble respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
The Services Are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, DAILYGOBBLE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. DailyGobble will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that DailyGobble has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from DailyGobble or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DailyGobble of such websites or resources or the content, products, or services available from such websites or resources. DailyGobble is not responsible for the products and services offered by or on third-party sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAILYGOBBLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; 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 SWIPELY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
WE MAY CHANGE THE SITE AND SERVICE OR DELETE FEATURES AT ANY TIMEAND FOR ANY REASON.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Your Indemnification of DailyGobble
You shall defend, indemnify and hold harmless DailyGobble, its affiliates and their respective officers, directors, shareholders, employees, agents, licensors and third party providers from and against all losses, damages, costs, claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any Content you provide to the Services or any breach of these Terms by you. DailyGobble reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with DailyGobble in asserting any available defenses.
Ending Your Relationship with DailyGobble
These terms will continue to apply until terminated by either you or DailyGobble as set out below. If you want to terminate your legal agreement with DailyGobble, you may do so by closing your account for the Services.
Please use the directions below to cancel your account:
1. Send email to firstname.lastname@example.org with your request to delete your account. Please include: (i) your login ID email address; (ii) your name. Because email may be forged, you may be asked to log into the service to a special address, and reply with a verification code to verify that you are indeed the account owner.
DailyGobble may at any time, terminate its legal agreement with you:
1. if you have breached any provision of these Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms);
2. if DailyGobble in its sole discretion believes it is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
3. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Waiver and Severability
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).
DailyGobble may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Any claim related to these Terms or the Services must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. The failure of DailyGobble to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
COPYRIGHT, COMPLAINTS, AND REMOVAL POLICY.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by DailyGobble infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed by DailyGobble against you, the DMCA permits you to send us a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/title17/92chap5.html#512. Notices and counternotices with respect to the Content and our Services should be sent to:
6 E.39th Street #701
New York, NY 10016
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
We may revise these Terms from time to time, the most current version will always be at relevantmobile.com. If the revision, in our sole discretion, is material we will notify you via a DailyGobble update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by DailyGobble Inc., 6 E.39th Street #701, New York, NY 10016. If you have any questions about these Terms, please contact us: email@example.com.