Last updated: 01-May-2024
Please Review These Terms of Use thoroughly.
By accessing or using our services, you accept and agree to be bound by these terms of use (“Terms”). If you disagree with any part of these terms, you should not use the site, download materials from it, or engage with our services.
Each time you use the site or services, you acknowledge that you have read, understood, and agreed to these terms. You confirm that you are of legal age to enter into a binding contract or, if you are not, that you have obtained permission from your parent or guardian who has agreed to these terms on your behalf. You also represent that you have the authority to agree to these terms.
Important: Dispute Resolution
Section 14 of these terms outlines how disputes between us are resolved. Notably, Section 14 includes an arbitration agreement which, with limited exceptions, mandates that all disputes between you and us be resolved through binding and final arbitration. It also includes waivers for class actions and jury trials. By agreeing to these terms, you agree to pursue any disputes or claims individually and not as a participant in any class or representative action, and you waive your right to participate in a class action lawsuit or class-wide arbitration. Additionally, you waive your right to pursue disputes or claims in court and to a jury trial.
Changes to Terms
We may modify these terms at any time at our sole discretion by posting updated terms on the site or by sending you an email notice. If you find the modification unacceptable, you must stop using the services. By continuing to use or access the services after modifications, you agree to the revised terms.
The Daily Narratives (“we,” “our,” or “us”) provides you (“you” or “your”) access to our websites www.thedailynarratives.com, and other content, video, or online products or services we offer (collectively with the Site, the “Services”), under the condition that you accept these terms. These terms, along with our Privacy Policy and any other documents incorporated by reference or any additional agreements provided on the Site, govern your use of our services. We reserve the right to modify these Terms, the Privacy Policy, or any associated policies at any time, with or without prior notice, at our discretion. If we make changes, we will notify you, for example by sending an email, posting a notice on the Services, or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services following any changes confirms your acceptance of these changes.
1. Using the Site and Services: Restricted Uses
The services we provide are intended for your personal, non-commercial use. You are allowed to access and use the Services only in ways that comply with all applicable laws and these Terms. Any rights, permissions, or licenses to use the Services or its Content (defined below) are revoked immediately if you violate any applicable laws or these Terms. Be aware that we may, at our sole discretion and without any obligation to you, temporarily suspend or permanently discontinue your access or use of the Services for any reason, including those mentioned in these Terms. For the purposes of these Terms, “Content” refers to any text, articles, images, photographs, illustrations, graphics, designs, software, source code, specifications, audio, video, data, metadata, trademarks, logos, and other materials or content available on the Site or through the Services, including the design, layout, and “look and feel” of the Site.
You are prohibited from using the Services in any way that could damage us or a third party. This includes using the Services for illegal activities, engaging in fraud, violating intellectual property rights, or attempting to breach the security or integrity of the Services. Specifically, you are prohibited from accessing parts of the Services or Content without authorization; using data mining or scraping tools; using the Content for developing software, including training AI systems; bypassing any restrictions or security measures of the Services; caching or archiving the Content (except for use by public search engines); or undertaking any action that excessively burdens our infrastructure or disrupts the functioning or appearance of the Services. Violations may result in legal penalties.
2. Copyright and Limited License: Linking to the Services or Content
The Services and all Content and other materials on the Services, unless stated otherwise, are the exclusive property of The Daily Narratives or our licensors or users, and are protected by U.S. and international copyright laws.
The Services and Content are safeguarded by an array of intellectual property laws, including copyrights, trademarks, patents, trade secrets, database rights, sui generis rights, and other rights under both U.S. and international laws. You are prohibited from altering, publishing, transmitting, selling, reproducing, creating derivative works from, distributing, performing, displaying (including framing and inline linking), or in any way exploiting any of the Content or Services, in full or in part.
We grant you a limited, non-exclusive, non-sublicensable license to access and use the Services and Content for personal, non-commercial purposes, subject to these Terms. This license does not include: (a) resale or commercial use of the Services or Content; (b) collecting and using any product listings, pictures, or descriptions; (c) distributing, transmitting, translating, publicly performing, or publicly displaying any Content; (d) modifying or creating derivative works from the Services or Content, unless specifically permitted under separate terms; (e) using data mining, robots, or similar data gathering or extraction methods; (f) downloading any part of the Services, Content, or any information therein, except as expressly permitted; or (g) using the Services or Content beyond their intended purposes. You are allowed to download or copy Content for personal use only, provided you keep intact all copyrights and other proprietary notices.
For clarity, non-commercial use does not include: (1) using Content in the development of software programs, including training machine learning or AI systems; or (2) providing archived or cached data sets containing Content to another person or entity.
You are also granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial purposes, as long as the link does not portray The Daily Narratives or our products and services negatively or falsely. The linking site must not host any adult or illegal material or content that could be considered offensive, harassing, or objectionable. This right can be revoked at any time. You may not use a The Daily Narratives logo or other proprietary graphics to link to the Services without our express written permission. Additionally, you may not use framing techniques to enclose any The Daily Narratives trademark, logo, or other proprietary information, including images and content, or the layout/design of any page without our express written consent.
Using the Services or Content beyond the scope of authorised use specified here without prior written permission from The Daily Narratives is strictly forbidden and will result in the termination of the license granted in this section. Such unauthorized use may also breach applicable laws, including copyright and trademark laws and communications regulations and statutes. Unless explicitly stated otherwise, no rights or licenses in intellectual property rights are granted by these Terms, whether by estoppel, implication, or otherwise. This license can be revoked by us at any time.
3. Trademarks
“The Daily Narratives,” and any other trademarks, logos, or service names found on the Services are the property of The Daily Narratives. These marks may not be used without our prior written permission. This prohibition includes, but is not limited to, the use of our marks in hidden text, metadata, and for commercial purposes. The design of the Services, including all page headers, custom graphics, button icons, and scripts, is also protected as trade dress of The Daily Narratives and may not be copied, imitated, or used, either in whole or in part, without our prior written permission.
All other trademarks, logos, and service marks displayed on the Services are the property of their respective owners. Mention of third-party products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
4. Third Party Websites & Content
The Daily Narratives may include or offer third-party content on the Services and provide links to third-party websites. We do not endorse, sponsor, or accept responsibility for these third-party resources. Although we aim to select reliable third-party content, we cannot assure the accuracy, completeness, or reliability of any third-party information, products, or services. We do not control these third-party websites and are not responsible for their availability, content, or any malware accessed through such sites.
Our terms and policies do not apply once you leave our Services. You should review the applicable terms and privacy policies of any third-party site you navigate to from our Services.
5. Advertisements and Promotions: Third Party Products and Services
Within the Services, you may encounter links to promotions or giveaways sponsored by third parties. These promotions and giveaways are solely the responsibility of the respective third party, not The Daily Narratives. Any interactions, transactions, or participation in promotions of third parties, including the terms, conditions, warranties, or representations associated with such activities, are strictly between you and the third party. The Daily Narratives is not responsible or liable for any loss or damage of any sort incurred as a result of your participation in these third-party dealings or as a result of the presence of such advertisements or third party information on the Services.
6. User Content and Conduct
The Services may include interactive areas where you or other users can create, post, or store content, messages, materials, or other items (collectively, “User Content”). You are solely responsible for your User Content and your interaction with these areas. Your submission and use of User Content occur at your own risk. You agree not to submit User Content that is unlawful, offensive, or in violation of our rules, which prohibit:
Illegal, defamatory, obscene, or threatening content. Content promoting illegal activities or violating any laws, including FTC regulations on endorsements. Content that infringes any intellectual property rights. Impersonations or false affiliations. Unsolicited advertising or solicitations. Personal information of others, such as addresses or credit card numbers. Harmful files like viruses or corrupted data.
Furthermore, you must not engage in behavior on the Services that interferes with other users’ experiences, including:
Disrupting, overburdening, or impairing the Services. Harassing or causing discomfort to other users. Engaging in illegal activities or violating these Terms.
The Daily Narratives is not liable for any User Content or conduct that violates these terms, nor for any related harm to users. While we do not have an obligation to monitor User Content, we reserve the right to remove or edit User Content at our discretion, at any time, for any reason, without notice. You are responsible for maintaining backups of your User Content.
By posting User Content, you grant The Daily Narratives a nonexclusive, royalty-free, perpetual right to use, reproduce, modify, and display such content on the Services and third-party sites. You confirm that you have the right to post the User Content and that its use by The Daily Narratives will not infringe on any rights or cause injury to anyone.
7. Submissions
Aside from User Content, you may submit other materials to The Daily Narratives for posting on our Services (“Submissions”). Upon submission, these become the sole property of The Daily Narratives. You transfer all rights, including intellectual property rights, to The Daily Narratives. We can use and disseminate Submissions for any purpose, without acknowledgment or compensation to you.
8. Your Indemnification for User Content, Conduct, and Submissions
You agree to defend, indemnify, and hold harmless The Daily Narratives and its affiliates from any claims, damages, or expenses related to your use of the Services, your User Content or Submissions, your violations of these Terms, or your infringement of any rights of others.
9. Disclaimer
The Services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. The Daily Narratives specifically disclaims any and all implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be safe or free from bugs or viruses, nor do we guarantee that information on the Services is accurate, reliable, or current. Use recognized software to detect and disinfect viruses. Any recommendations provided through the Services are used at your own risk, and we are not responsible for any reliance on such information.
10. Limitation of Liability
Under no circumstances will The Daily Narratives or our directors, members, employees, or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to, loss of use, profits or data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising from or in connection with your use of or inability to use the Services or Content. This includes damages arising from reliance on any information obtained from the Services, or those resulting from mistakes, errors, omissions, interruptions, deletion of files or emails, defects, viruses, delays in operation or transmission, or any failure of performance, whether caused by acts of God, communications failures, theft, destruction, or unauthorized access to The Daily Narratives’ records, programs, or services. The total liability of The Daily Narratives, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability, or other theory, shall not exceed any compensation you pay, if any, to The Daily Narratives for access to or use of the Services.
11. Modifications to the Services
The Daily Narratives reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part.
12. Dispute Resolution: Binding Arbitration
Please read this section carefully as it affects your rights. Most disputes or claims between you and The Daily Narratives related to the Services or these Terms must be resolved through binding arbitration. Under this arbitration agreement, both parties give up the right to sue in court or have a jury trial for disputes or claims covered by this agreement.
Dispute Resolution Process: Before filing any claim against The Daily Narratives, you agree to try to resolve the dispute informally by contacting us at contactus@thedailynarratives.com. The notice must detail the nature of your claim and your proposed solution. We will attempt to resolve the issue informally first.
No Representative Actions: You and The Daily Narratives agree that any disputes will be handled on an individual basis and that any claims brought under these Terms or related to the Services must be brought individually, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding.
Batch Arbitration: To manage multiple similar claims efficiently, if twenty-five or more similar claims are filed against The Daily Narratives by or with the help of a coordinated group, they will be administered together in batches by the AAA. Each batch will be treated as a single arbitration.
Opt-Out of Arbitration: You can opt out of this agreement to arbitrate by emailing contactus@thedailynarratives.com within 30 days of first accepting these Terms. Include your full name and address and a clear statement of your intent to opt out of binding arbitration.
Severability: If any part of this Section is found to be unenforceable, that part will be severed, and the rest of the section will still apply. If any claim proceeds in court rather than through arbitration, both parties waive any right to a jury trial.
This Section is governed by the Federal Arbitration Act and survives even if these Terms are terminated.