TERMS AND CONDITIONS FOR THE USE OF WBDAILY.COM
WHEN YOU VISIT OR OTHERWISE USE THIS WEBSITE, WBDAILY, you signify your assent to these terms and conditions. You agree to check these Terms and Conditions as often as necessary as they may change from time to time without notice and you agree by your usage that the current posted version is always considered to be the version in force.
Definitions: “Content” & “Services”
“Content” means columns, articles, opinions, and excerpts originating from WBDaily that may be disseminated through www.WBDaily.com (“WBDaily”), through emails, links to or from other websites, or via social media.
“Services,” written variably as “services” and having the same meaning without regard to capitalization, refers to offers, sales, ads, RSS feeds and any other item that may be accessed through WBDaily.
By your use, you hereby agree…
In order to read, log in, add a comment, submit columns, or utilize content or services in any way, you MUST read and agree to these TERMS AND CONDITIONS as stated in this document. You AGREE to these TERMS AND CONDITONS by accessing and utilizing content and services.
WBDaily requires that you agree to these Terms and Conditions as well as additional terms, conditions, or rules that may be applicable or imposed by third-party content or service providers and in accordance with all applicable law. These Terms and Conditions constitute a legally binding agreement, which shall be the equivalent of a written and signed contract.
Your use of WBDaily constitutes your agreement that you have been notified and fully understand that these terms and agreements are subject to change and that each time you use WBDaily, you agree to any new terms and conditions that may be posted at that time. You agree to waive any and all defenses based on the form of these conditions being electronic and subject to change. In the event that you cannot or do not agree to these terms and conditions, you must not access, log into, use, or utilize WBDaily. Your continued use of WBDaily constitutes your acceptance of the latest posting of these terms and conditions.
Terms of Access, Verification and Personal Data
WBDaily is a political blog and opinion website intended for mature adults. WBDaily is intended to be a “family” information and entertainment resource, therefore our stated policy is that the language of WBDaily in its columns and posting shall be suitable for a general audience of people 15 years of age and older. WBDaily reserves the right to seek verification of age for any user who wishes to access content and services, whether offered directly by WBDaily or through a third party or advertisement. WBDaily reserves the right to deny access on the basis of age inappropriateness, or user posts that do not comply with terms and conditions relating to language or any other breach of these terms and conditions.
If/when you provide any personal data to WBDaily, to include name, address, email address, etc., WBDaily may use that information in ways deemed appropriate. You agree to this term and condition when you provide such data. If you object to our sharing of your personal information, you may opt out of information governed by the mandatory opt out provisions under the Financial Services Modernization Act and the Fair Reporting Act, to the extent permitted by such acts.
Use of Services
Services provided by WBDaily may be used only in accordance with the laws of the United States of America and according to laws in other jurisdictions in which they may be used. By using services, you agree not to post or transmit any materials in any way that might violate applicable law or infringe on the rights of any person or group of people or that would constitute criminal activity of any type or kind. All services or advertisements posted on or by WBDaily must not be retransmitted via email or any other form of transmission without the expressed written consent of WBDaily. You must agree that you will not use services of WBDaily for any commercial purpose whatsoever, or in any manner that would cause harm to a third party to include abuse, stalking, nuisance/harassment, threats, or violation of privacy rights or intellectual property rights.
By using WBDaily, you agree to the following:
• Not to attempt to impersonate another user or any other third party by selecting or using the name, address, credit card information, email address or other identifying information belonging to another user or other person, or otherwise;
• Use a user name, address, credit card information, email address or avatar belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person;
• Use a user name, email address or other identifying information in violation of the intellectual property rights of any person or entity;
• Use a false “header” – the legend attached to email messages to show the message’s point of origin, route and destination – or otherwise falsely configuring email;
• Use a user name, email address, or header that WBDaily, in its sole discretion, deems inappropriate;
• Disseminate multiple unsolicited copies of email through the services in violation of any law;
• Upload files that contain software or other material protected by intellectual property laws, rights of publicity or privacy, except if you own or control such rights or have received all necessary consents, permissions, licenses, approvals;
• Upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of WBDaily Services or servers or to another’s computer;
• Advertise, offer to sell or buy any goods or services for any commercial or business purpose;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Restrict, inhibit, harass or attempt to prevent any other user from using and enjoying the Services;
• Disclose personal information and/or collect information about others (especially personal information or information likely to lead to personal identification of another), including email addresses, without their prior consent; or
• Violate any applicable domestic or international laws or regulations.
You agree that, with the exception of web browser access, you will not use web robots (bots), spiders, intelligent agent software or any other software, program, application or any other device to access WBDaily or the services to automate the process of obtaining, uploading, transferring or transmitting any content to or from WBDaily computer systems, the WBDaily web site itself or the services. You agree not to, nor to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the services and not to data mine the services or in any way cause harm to or burden the services.
WBDaily reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice to you. You agree that WBDaily shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Users may submit, post and distribute text, files, images, photos, graphics, data, messages, video, audio, works of authorship or any other materials or information in connection with their use of the services (“User Content” or “user content”). This User Content may reside on our servers or on the servers of a third party. You are solely responsible for the User Content and other content that you submit, post or distribute on or through the Services or Web Site and any material or information that you transmit to others and for your interactions with others. WBDaily does not control or endorse the User Content, messages or information submitted, posted or distributed by users.
You agree that WBDaily is not responsible for user content and hereby disclaims said responsibility.
Granting of rights related to User Content
You grant to WBDaily a royalty-free, non-exclusive, world-wide irrevocable license, including the right to sublicense to third parties without restriction, in perpetuity throughout the universe, under and to all of your Intellectual Property Rights to fix, copy, reproduce, adapt, edit, elaborate, combine with other material, transform, title, re-title, subtitle, dub, translate, advertise, publish, sell, vend, rent, lend, distribute, broadcast (by terrestrial, cable, satellite or any other means), cybercast, perform, utilize, create derivative works of, or otherwise exploit your User Content, in any and all manners or methods, now known or later devised. You agree that WBDaily may use your User Content in any manner or medium, whether now known or hereafter discovered.
You hereby waive and relinquish all rights known as “moral rights’ or “droit moral” now or hereafter recognized. “Intellectual Property Rights” means any and all (by way of whatever name or term known or designated) tangible and intangible and now known and hereafter existing
(a) Rights associated with works of authorship throughout the universe, including, but not limited to, copyright and moral rights;
(b) Trademark, service mark, trade dress and trade name rights and similar rights;
(c) Trade secret rights;
(d) Patents, designs, algorithms and other industrial property rights;
(e) All other intellectual and industrial property and proprietary rights (of every kind and nature throughout the universe and however designated) (including, without limitation, logos, character rights, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license or otherwise; and
(f) All registrations, applications, renewals, revivals, resuscitations, extensions, continuations, divisions or reissues thereof now and hereafter in force throughout the universe (including, without limitation, rights in any of the foregoing).
You represent and warrant that you own the User Content submitted, posted or distributed by you on or through the services or WBDaily or otherwise have the right to grant the license set forth in these terms and conditions, and that the submission, posting or distribution of your User Content on or through the services or WBDaily does not violate the rights of privacy, publicity, copyrights contract or any other legal rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content submitted, posted or distributed by you to or through the services or WBDaily.
Services offered through WBDaily or by its advertisers may require third party contact. WBDaily hereby disclaims all liabilities for such contact or contracts that made be executed with third parties and no warranties are offered or implied by WBDaily.
You agree to defend, indemnify and hold harmless WBDaily, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors, as applicable, from and against all claims resulting from content, materials, messages, and the like that you send, receive, submit, post or distribute in connection with the services or WBDaily, including sending an email through the services.
Use of Content
WBDaily owns exclusive rights to all content written or otherwise generated by our staff writers to include license for all intellectual property. WBDaily hereby grants you (as a user of this site) a limited, but revocable license to view and otherwise display content for your personal use and enjoyment in accordance with these terms and conditions. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any WBDaily content, software and services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the services without the expressed prior written permission of WBDaily and, in cases where this may be applied, the owner of such material. WBDaily may not provide permissions for reposting or reprinting content on WBDaily from outside or freelance writers, therefore, such permission must be obtained from them by you prior to any such reprinting or reposting. You further agree and acknowledge that you shall not acquire any ownership rights by downloading content or software from services.
Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent or otherwise exploit any WBDaily content or other content appearing on or through the WBDaily.
How WBDaily may block or alter your content
You agree that WBDaily, in its sole discretion, shall have the right, but not the obligation, to monitor your use of the services to edit, refuse to post or remove any material submitted, posted or distributed on or through WBDaily for any reason whatsoever.
If, at the sole discretion of WBDaily, there may be consideration that any material constitutes or promotes any illegal activity or may be considered to be pornographic, sexually explicit, lewd, lascivious, obscene, excessively violent, harassing, objectionable, untruthful or otherwise violates the Terms and Condition of WBDaily, you agree that we may block or alter content as we see fit. You agree that WBDaily explicitly retains the right to use the information gathered during such monitoring for any purpose deemed appropriate by us to the extent permitted by law.
Notwithstanding the foregoing, you agree that you are solely responsible for the content of material you upload, post or otherwise make available through WBDaily, its web site or any related activities. Furthermore, you acknowledge that the services may not be monitored and you do not rely on WBDaily to monitor or edit the services on your behalf.
The services may contain content that you find offensive, indecent, or objectionable, and which may or may not be identified as containing explicit language. You hereby waive any objections you might have with respect to viewing such content and hold WBDaily harmless in the event that such a case were to occur. WBDaily shall have no liability for such content to you, to any person on behalf of whom you have consented to these Terms and Conditions, or to any person whom you allow to access WBDaily.
Violation of Terms and Conditions
You agree that WBDaily, at its sole discretion, may suspend or terminate your access to the services and remove any user content within WBDaily or its services for any reason, including, without limitation, if WBDaily believes that you have violated or acted inconsistently with your obligations under the Terms and Conditions. In effect, no reason may be provided in such as case, as you agree that WBDaily has sole discretion. Services may be discontinued without notice. You agree that WBDaily shall be held harmless in any such case including the involvement of third parties and that WBDaily shall not be liable to you or to any third party for any termination of access.
Copyright issues and claims of infringement
In the event that you believe WBDaily may be infringing upon a copyright owned by you, we may resolve the issue by removing the disputed content. You agree that, in such a case, and when WBDaily has removed such content, there is no existing claim at that point and WBDaily shall be held harmless. Under these terms and Condition, you agree to the following procedures under controlling law:
Digital Millennium Copyright Act
In a copyright infringement case, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing WBDaily with the following information in writing:
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on WBDaily
• Your address, telephone number, and email address and all other information reasonably sufficient to permit WBDaily to contact you;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon WBDaily actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to WBDaily a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA.
Notice of claims of copyright infringement can be made to WBDaily as follows:
Designated Agent: Managing Editor
Address of Agent: Post Office Box 2443 Temple, TX 76503
E-mail for notice: firstname.lastname@example.org
If you believe that your user content in question, i.e. altered, blocked, or removed, is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the contact address for WBDaily set forth below:
• Your physical or electronic signature;
• Identification of the user content that has been removed or to which access has been disabled and the location at which said user content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the user content;
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Waco or Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Counter-notice of claims of copyright infringement can be sent to:
Designated Agent: Managing Editor
Address of Agent: Post Office Box 2443 Temple, TX 76503
E-mail for notice: email@example.com
If a counter-notice is received, you agree that WBDaily may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in fifteen business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in fifteen business days or more after receipt of the counter-notice, at the sole discretion of WBDaily.
Services from third parties, use on external web sites and other locations and rules for linking
You may use the services to post your user content to other web sites and WBDaily may use third parties to provide certain services accessible through the WBDaily web site.
DEFINITION: Content posted to or linked to WBDaily that is not originated by WBDaily, including, but not limited to advertising, offers, book sales, incentives, and promotions, is referred to as “third party services.”
You agree that WBDaily does not control third parties or their web sites, direct mail services, bulk email (email “blasts), pop-ups or any other form of third party service and that WBDaily is not and shall not in any circumstance be liable to you in any way for your use of third party services.
Third parties may have their own terms and conditions and other policies. You must comply with such terms and policies as well as our Terms and Conditions when you use third party services. If any such terms or policies conflict with these Terms and Conditions, you must comply with these Terms and Conditions insofar as they apply.
The services may contain links to third party sites and the ability to access external portions of the internet. You agree that WBDaily is not responsible for the availability of these third party sites or the content, including, without limitation, products, services or any type of solicitations thereon. You acknowledge that some third party sites may contain content (be it editorial comment, news, or advertising or solicitations of any type) that may be unedited, untrue, illegal in some jurisdictions, and that may be offensive. You agree to access third party sites at your own risk and not to permit minors to have access to illegal, lewd or otherwise inappropriate material. You agree that WBDaily shall not be held responsible or liable in any way and in any jurisdiction, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such third party site and you hereby irrevocably waive any and all claims related thereto against WBDaily, its owners, originators, editors, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors.
Changes and clarifications to the Terms and Conditions and Rules of Termination
The Terms and Conditions set out the legally binding terms for your use of the services of WBDaily and you agree that WBDaily reserves the right to change, modify, clarify, add to or remove all or part of the Terms and Conditions at any time and such modification shall be effective upon posting by WBDaily to this web site. You agree to check the Terms and Conditions for updates on a regular basis and to discontinue use of WBDaily if you do not agree with the most current versions of Terms and Conditions.
You agree to be bound to any changes to the Terms and Conditions when you use services after any such modification is posted. If you do not consent to any of the changes of the Terms and Conditions, your sole remedy is to terminate your use of the services. Your failure to terminate use of the services shall constitute acceptance of the changes to the Terms and Conditions as posted on WBDaily.
Limitation of Liability and Indemnification
You agree to defend, indemnify and hold harmless WBDaily and its owners, parents, subsidiaries, affiliates, employees, representatives, agents, directors, officers, managers, shareholders, third party content providers and licensors (the “Indemnified Parties”) from and against all damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and costs) arising out of your use of the services or your breach or alleged breach of these Terms and Conditions (“Claim”).
You expressly understand and agree that neither WBDaily nor any third party shall be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WBDaily or such third party has been advised of the possibility of such damages) resulting from any matter arising from, relating to or connected with the services.
Disclaimers; Limitations; and Waivers of Liability:
You expressly agree that use of the services is at your sole risk and is provided on an “as is” and “as available” basis ands that no warranties are hereby made or offered of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non infringement, merchantability or fitness for a particular purpose (except only to the extent of any warranties incapable of exclusion under the laws applicable to the terms and conditions).
Without limiting the foregoing, neither WBDaily nor its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors warrant in any way that the services:
(1) Will be uninterrupted, timely, secure, or error free;
(2) The service will meet your requirements or expectations;
(3) The results that may be obtained from the use of the service will be accurate or reliable; or
(4) Any errors in the software will be corrected; and that
(5) WBDaily shall be held harmless and shall not be liable for any damages to your computer, network, or any other device that may be applied to the use of services resulting from computer viruses, worms, bots, or any type of computer malware and WBDaily shall not be responsible for repairs or maintenance that might/must be performed on your computer or other property due to your accessing of content or services from WBDaily.
You agree that if you access, download, or in any other way use content or services provided by WBDaily or third parties, such use is done at your own discretion and at your own risk. You agree that you shall be solely responsible for any damage to you computer system and/or for any loss of data that results from such use. No communication of any type whether written, faxes, via email, letter, or orally in person or by telephone or by any other means shall create any warranty that may override these Terms and Conditions.
WBDaily distributes, posts, and links to internet sites not associated with WBDaily, content supplied by third parties. You agree that content expressed by or made available by third parties are not controlled by WBDaily and that WBDaily, including its owners, parents, editors, writers, directors, shareholders, agents, subsidiaries, employees or attorneys do NOT warrant or make any guarantees regarding such content and shall be held harmless in the even of any failure to perform or inaccuracy inherent in such content whether purposeful or accidental. You agree that it is your sole responsibility to ascertain the accuracy of content and/or claims made by third parties.
Damages and/or injury disclaimer
To the fullest extent permitted by law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the services or web site under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort and that neither WBDaily nor its owners, parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors shall be liable for any direct, indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the services or web site. you further specifically acknowledge that neither WBDaily nor its owners, parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors are liable, and you agree not to seek to hold WBDaily or its owners, parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors liable, for the conduct of third parties, including other users of the services or web site and operators of external sites, and that the risk of the services, web site and external sites and injury from the foregoing rests entirely with you.
Electronic Delivery Policy & consent to “opt-in”
Your disclosure (if any) of your email address to WBDaily constitutes your consent (“opt-in”) to receive any privacy agreement or other agreements, news alerts, disclosures, reports, documents, communications or other records electronically (collectively, “notices”). You agree that WBDaily is authorized to send you electronic notices in either or both of the following ways:
(1) To the email address that you provided; or
(2) Via a notice/link on the welcoming screen or top page of the relevant service.
You agree that certain premium services may also have their own notice procedures. You agree that it is your responsibility to check your designated email address regularly for notices. The delivery of any notice from WBDaily is effective when sent by WBDaily, regardless of whether you read the notice when you receive it or whether you actually receive the delivery.
Governing Law and arbitration
The Terms and Conditions and all aspects of the services and web site shall be governed by and construed in accordance with the internal laws of the United States and the State of Texas governing contracts entered into and to be fully performed in Texas (i.e., without regard to conflict of laws provisions) regardless of your location.
Any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Temple, Texas, before one arbitrator. The arbitration shall be administered by a competent and recognized arbiter located in Bell County, Texas. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Each party is to bear its own costs and fees.
Miscellaneous and other items
These Terms and Conditions are effective until terminated by either party. Users may terminate the Terms and Conditions by discontinuing to access WBDaily or its services. The privileges granted to you under the Terms and Conditions will terminate immediately and automatically without notice from WBDaily if, in its sole discretion, you fail to comply with any term or provision of the Terms and Conditions. Upon such termination (i) All licenses granted by WBDaily to you hereunder will terminate and you will no longer have permission to access WBDaily or its content and services; and
(ii) The following rights and provisions shall survive in perpetuity:
(a) All licenses granted hereunder by you to WBDaily;
(b) All provisions of these Terms and Conditions entitled “Limitation of Liability and Indemnification”, “Disclaimers; Limitations; and Waivers of Liability”, all other disclaimers of warranties and liabilities by WBDaily, and
(c) All provisions providing, in whole or in part, that users shall defend, indemnify and hold harmless WBDaily or third parties.
Statement of “entire understanding”
The Terms and Conditions contains the entire understanding of you and WBDaily and its associates and supersedes all prior understandings of the parties hereto relating to the subject matter hereof and you agree that the Terms and Conditions cannot be changed or modified by you except by a writing signed by an authorized signatory for WBDaily.
If any provision of the Terms and Conditions are found to be illegal or unenforceable, the Terms and Conditions will be deemed modified only to the narrowest extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.