Terms of Use

^{1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:}

• ^{(a) modify, download (other than page caching), reproduce, copy, or resell Daerri.com Site, the Content or any portion or derivative thereof;}
• ^{(b) commercially use the Daerri.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Daerri, in which case such commercial use will be governed by the terms applicable to such business relationship);}
• ^{(c) copy or download any User’s account or profile information for the benefit of any third party;}
• ^{(d) enable high volume, automated, electronic processes that apply to the Daerri.com Site or its systems, the Content or any portion or derivative thereof;}
• ^{(e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Daerri.com Site or its systems, the Content or any portion or derivative thereof for any purpose;}
• ^{(f) interfere or attempt to interfere with the proper working of the Daerri.com Site;}
• ^{(g) bypass any measures used by Daerri to prevent or restrict access to any portion of the Daerri.com Site, the Content or any portion or derivative thereof;}
• ^{(h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Daerri;}
• ^{(i) use Daerri’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or}
• ^{(j) compile, repackage, disseminate or otherwise use data extracted from the Daerri.com Site.}
• ^{The foregoing are expressly prohibited and the right to do any of the foregoing shall require Daerri’s express written consent (which may include a written agreement signed by an authorized representative of Daerri). Any unauthorized use of the Daerri.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Daerri.}

^{2. TRADEMARKS}

^{Daerri, or its parent, subsidiaries, or affiliates, or third parties from whom Daerri has permission, own the trademarks or service marks that are used on the Daerri.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Daerri and its licensors may not be used without prior written consent of Daerri or its licensor, as the case may be.}

^{3. CONTENT}

^{3.1 Proprietary Rights. User acknowledges that the Daerri.com Site contains certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Daerri owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Daerri.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.}

^{3.2 Third-Party Content. Daerri is a distributor and not a publisher of Content supplied by third parties and Users. Daerri has no editorial control over such Content. Daerri is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Daerri or any Daerri.com Provider, unless expressly stated otherwise. Neither Daerri nor any Daerri.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Daerri.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Daerri or any Daerri.com Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Daerri.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Daerri.com Site.}

^{4. User’s Age}

^{Our products and services are directed towards consumption by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use Daerri websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Daerri websites, we will remove that information as soon as possible.}

^{5. TERMINATION OF USAGE}

^{8.1 Termination Rights. Daerri may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the Daerri.com Site including any account thereon, without notice, for any reason in Daerri’s sole discretion, including, without limitation, violation of the Terms of Use, Daerri’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Daerri, any Daerri.com Provider or another User.}

^{8.2 Restricted Users. In certain cases, in Daerri’s sole discretion, Daerri may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the Daerri.com Site has been terminated, including the right to use, access or create any account thereon; (ii) that Daerri refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.}

^{6. INDEMNITY}

^{User agrees to indemnify, defend and hold Daerri (and its affiliates, employees, contractors, agents, suppliers and partners) and each Daerri.com Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys’ fees, brought by any third party due to or arising out of (i) such User’s use of the Daerri.com Site or the Daerri.com Services, (ii) any alleged breach or violation of the Terms of Use or (iii) such User’s violation of any law or the rights of a third party. Daerri reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify Daerri, and User agrees to cooperate with Daerri’s defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of the Daerri.com Services.}

^{7. PASSWORD AND ACCOUNT SECURITY}

^{7.1 Account Password. Every User that has an account on the Daerri.com Site is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User’s computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Daerri account using an old e-mail address, such User will not receive messages from Daerri about his or her orders and inquiries or other matters.}

^{7.2 Account Security. User accepts full responsibility for all activities that occur within such User’s Daerri account or within the Daerri.com Site interactive community, whether or not authorized by the User.}

^{8. INTERACTIVE COMMUNITY}

^{8.1 Interactive Community Users. The Daerri.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (“Interactive Community”). This Section 8, Interactive Community, applies to the activities of persons who are using interactive services on the Daerri.com Site (“Interactive Community Users”). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you post a review or blog entry, create a list, create a profile, submit any other User Created Content, as defined below, or otherwise participate in any interactive feature.}

^{8.2 Interactive Community Services. Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Daerri.com Site Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users (“User Created Content”). User is prohibited from posting on or transmitting through the Daerri.com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Daerri reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability.}

^{8.3 Right to Remove Profile or Terminate Access. Daerri reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.}

^{8.4 Misuse of Interactive Community Services. If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the “Flag” feature on the page in question.}

^{9. User Created/Submitted Content}

^{9.1 User Created Content.}

• ^{(a) Notwithstanding the foregoing, Daerri assumes no responsibility for ongoing monitoring of the Daerri.com Site or for removal or editing of any User Created Content, even after receiving notice. Daerri assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. You are responsible for your interactions with other Users.}
• ^{(b) You may not post User Created Content that: involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming”; contains restricted or password only access pages or hidden page or images (those not linked to or not otherwise from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying, any security technology or software that is part of the Daerri.com Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Daerri.com Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Daerri.com Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Daerri.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.}
• ^{(c) Interactive Community Users may upload to or otherwise submit to Daerri for distribution on the Daerri.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Daerri to display/distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” Daerri is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Daerri assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content.}
• ^{(d) By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted, Daerri, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Daerri retains any and all rights which may exist in such User Created Content.}

^{9.2 User Submitted Content.}

^{In some cases, User is required to submit User Created Content to Daerri.com for the purpose of publishing, displaying, distributing on Daerri.com.  All components of the Terms and Conditions described in Sec. 9.5 of the “User Created Content” shall apply equally to the Sec. 9.6 of the “User Submitted Content”.}

^{10. NOTICES}

^{User consents to electronic communications with Daerri, whether addressed to the e-mail address associated with such User’s Daerri account or posted on the Daerri.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Daerri.com Site satisfies any legal requirement that such communications be made in writing.}

^{11. DISCLAIMERS AND LIMITATION OF LIABILITY}

^{11.1 Disclaimers.}

• ^{(a) Daerri is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Daerri.com Site, including, without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the Daerri.com Site or through the Daerri.com Services, whether caused by Users of the Daerri.com Site or the Daerri.com Services or by any of the equipment or programming associated with or utilized in the Daerri.com Site or the Daerri.com Services, including the Daerri Software. Content, including User Created Content, does not necessarily reflect the opinions or policies of Daerri. Profiles and third party applications created and posted by Users on the Daerri.com Site may contain links to other websites. Daerri is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Daerri. Inclusion of any linked website on the Daerri.com Services does not imply approval or endorsement of the linked website by Daerri. When you access these third party sites, you do so at your own risk. Daerri takes no responsibility for third party advertisements or third party applications that are posted on or through the Daerri.com Site or the Daerri.com Services, nor does it take any responsibility for the goods or services provided by its advertisers.}
• ^{(b) Daerri is not responsible for the conduct, whether online or offline, of any User of the Daerri.com Site or the Daerri.com Services. Daerri assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration, of any User communication. Daerri is not responsible for any problems or technical malfunction of the Daerri Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Daerri.com Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Daerri.com Site or Services. Under no circumstances shall Daerri be responsible for any loss or damage, including personal injury or death, resulting from use of the Daerri.com Site or Services, from any Content, including User Created Content, posted on or through the Daerri.com Services, from the Daerri Software, or from the conduct of any Users of the Daerri.com Site or Daerri.com Services, whether online or offline.}
• ^{(c) THE DAERRI.COM SITE AND THE DAERRI SOFTWARE ARE PROVIDED BY DAERRI ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH DAERRI.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AUTHORS/TRANSLATORS AND FITNESS FOR A PARTICULAR PURPOSE.}
• ^{(d) WITHOUT LIMITING THE FOREGOING, NEITHER DAERRI NOR ANY DAERRI.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE DAERRI.COM SITE, OR THE INFORMATION, CONTENT, INCLUDING USER CREATED CONTENT, THE DAERRI SOFTWARE, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE DAERRI.COM SITE OR THE DAERRI SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, INCLUDING USER CREATED CONTENT, DAERRI.COM SERVICES, THE DAERRI SOFTWARE, OR MERCHANDISE PROVIDED THROUGH THE DAERRI.COM SITE; OR (IV) THAT THE DAERRI.COM SITE, ITS SERVERS, THE DAERRI SOFTWARE, CONTENT, INCLUDING USER CREATED CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF DAERRI ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.}
• ^{(e) DAERRI DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE DAERRI.COM SITE, THE DAERRI SOFTWARE, THE DAERRI.COM SERVICES OR ANY RELATED SERVICES. THE OPERATION OF THE DAERRI.COM SITE AND THE DAERRI SOFTWARE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF DAERRI.}

^{12. Limitation of Liability}

^{12.1 Limitation of Liability.}

• ^{(a) UNDER NO CIRCUMSTANCES SHALL DAERRI OR ANY DAERRI.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE DAERRI.COM SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE DAERRI.COM SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DAERRI’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INCLUDING USER CREATED CONTENT, THE DAERRI SOFTWARE, MERCHANDISE, AND DAERRI.COM SERVICES AVAILABLE THROUGH THE DAERRI.COM SITE.}
• ^{(b) NEITHER DAERRI NOR ANY DAERRI.COM PROVIDER WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF THE DAERRI.COM SITE, THE DAERRI SOFTWARE, OR THE USE, PURCHASE OR DOWNLOAD OF ANY CONTENT, OR PRODUCT THEREFROM, EVEN IF DAERRI OR ANY DAERRI.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH IS NOT INTENDED TO EXCLUDE LIABILITY THAT DAERRI MAY NOT EXCLUDE UNDER APPLICABLE LAW.}
• ^{(c) CERTAIN STATE, PROVINCIAL, AND FEDERAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.}

^{13. SEVERABILITY}

^{The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Daerri to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.}

^{14. APPLICABLE LAW; JURISDICTION}

^{14.1 Applicable Law. The Daerri.com Site is created and controlled by Daerri in the State of Illinois. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.}

^{14.2 Jurisdiction. Each of Daerri and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Illinois and waives any objection to the laying of venue of any litigation in said courts.}

^{15. DISPUTE RESOLUTION}

^{15.1 Arbitration. Any claim or controversy at law or equity that arises out of the Terms of Use, the Daerri.com Site or any Daerri.com Service (each a “Claim”), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.}

^{15.2 Daerri’s Option to Litigate. Alternatively, at Daerri’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Illinois.}

^{15.3 No Consolidation. Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.}

^{15.4 Disputes Between Users. You are solely responsible for your interactions with other Users. Daerri reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.}

^{15.5 Jury Trial Waiver. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including, but not limited to, any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.}

^{16. ACKNOWLEDGMENT}

^{The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Daerri regarding User’s relationship with Daerri and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, “including” means “including, without limitation.”}

^{17. MODIFICATION}

^{These terms were last revised on September 8, 2020.}