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    Daily Terms of Service
    
    Last Updated: August 11, 2017
    
    Welcome to the Daily, accessible via our mobile device application (the “App”). Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of our services and App. To make these Terms easier to read, our services and App are collectively called the “Services.”
    
    Agreement to Terms
    
    By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
    
    Changes to Terms or Services
    
    We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know by posting the modified Terms on the App. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
    
    Who May Use the Services
    
    Eligibility
    You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law.
    
    Safety
    Though Daily strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
    
    YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FLIPCHAT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. FLIPCHAT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. FLIPCHAT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
    
    Registration and Your Information
    If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the App. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
    
    Community Rules. 
    By using the Services, you agree that you will not:
    use the Service for any purpose that is illegal or prohibited by this Agreement.
    spam, solicit money from or defraud any users.
    impersonate any person or entity or post any images of another person without his or her permission.
    bully, “stalk,” intimidate, harass or defame any person.
    post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
    post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
    solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
    use another user’s account.
    create another account if we have already terminated your account, unless you have our permission.
    Daily reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that Daily regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
    
    10. Other Users’ Content.
    Although Daily reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Daily cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via contact@andychatbot.com.
    
    Feedback
    
    We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at contact@andychatbot.com. You grant us a perpetual, free, and transferable license, with a right to sublicense, to use, copy, modify, create derivative works and otherwise exploit the Feedback in any form and media and for any purpose.
    
    Privacy Policy
    
    When you register for a Daily account, Daily collects personal information such as your username, email address, birth date, gender, spoken and studied languages and any other personal or preference information that you enter into the Service, as well as your profile picture. Daily will use your personal information for the following general purposes: (i) to provide you with Services; (ii) to respond to your questions and comments; (iii) to communicate with you via regular mail and email (or other electronic means) about the Service; for (iv) statistical purposes and (v) otherwise as described to you at the point of collection. When you use the Service, you may set up your personal profile, form relationships, send messages, perform searches and queries, enrol in events and courses, and transmit information through various channels. Daily stores and collects this information so that Daily can provide you with the Service and offer personalised features. Daily also receives and records information from your computer and browser, including your IP address, cookie information, software and hardware attributes, and the pages you request, whether or not you register for an account. Daily uses such information to customise the advertising and Content you see, fulfil your requests for products and services, improve our Service, contact you, conduct research, and provide anonymous reporting for internal purposes and for external clients such as advertisers. If you choose to use our invitation service to tell a friend about our site, we will ask you for your friend's email address. We will automatically send your friend an email inviting him or her to visit the site. Daily may attempt to send invitations more than once. Daily stores this information to send such emails, to register a friend connection if your invitation is accepted, and to track the success of our referral programme. Your friend may contact us at contact@andychatbot.com to request that we remove this information from our database.
    
    Please note that if you enter payment details into the Service when purchasing a Paid Service (including any Premium Membership), Daily itself does not receive or store such payment information, as such information is received, stored and used by our payment service providers for the purpose of completing the purchase. You can opt out of email communication initiated by Daily including newsletters, email notifications and progress reports, in your Settings on the Site.
    
    Content and Content Rights
    
    For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
    
    Content Ownership, Responsibility and Removal
    
    By making any User Content available through Services you grant to Daily a worldwide, royalty-free, transferable license, with the right to sublicense, to use, copy, modify, create derivative works, display, perform and distribute your User Content in order to operate and provide the Services and Content to you and other Account holders. Basically, we will use your User Content to run the App; we won’t take your User Content and sell it to others.
    
    Rights in User Content Granted by You
    By making any User Content available through Services you hereby grant to Daily a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
    
    You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Daily on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    
    You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as comments or messages you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
    
    Rights in App
    
    Subject to your compliance with these Terms, Daily grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Daily reserves all rights in and to the App not expressly granted to you under these Terms.
    
    Client Enforcement
    
    Please refer to our Community Guidelines for information about the types of User Content that may not be posted and the kinds of conduct that is prohibitedd while using the App. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with our Community Guidelines, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of the Community Guidelines. We have the right to investigate violations of the Community Guidelines or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
    
    DMCA/Copyright Policy
    
    Daily respects copyright law and expects its users to do the same. It is Daily's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
    
    Links to Third Party Websites or Resources
    
    The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
    
    Termination
    
    We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at contact@andychatbot.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Feedback, Content and Content Rights, Content Ownership, Responsibility and Removal, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence of Termination.
    
    Warranty Disclaimers
    
    THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
    
    Limitation of Liability
    
    NEITHER FLIPCHAT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLIPCHAT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    
    IN NO EVENT WILL FLIPCHAT'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO FLIPCHAT FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FLIPCHAT, AS APPLICABLE.
    
    THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLIPCHAT AND YOU.
    
    General Terms
    
    These Terms constitute the entire and exclusive understanding and agreement between Daily and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Daily and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
    
    You may not assign or transfer these Terms, by operation of law or otherwise, without Daily's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Daily may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    
    Any notices or other communications provided by Daily under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
    
    Daily’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Daily. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
    
    Contact Information
    
    If you have any questions about these Terms or the Services, please contact Daily at:
    
    Email: contact@andychatbot.com