1.Application and Acceptance of the Terms
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with My Daily Nugget, or (b) you are not permitted to receive any Services under the laws of the country/region in which you are a resident of or of the country/region which you use the Services from.
1.3 You acknowledge and agree that My Daily Nugget may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If My Daily Nugget has posted or provided a translation of the English language version of the Terms in any language other than English, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 The Terms may not otherwise be modified except in writing by an authorized officer of My Daily Nugget.
2. Provision of Services
2.1 My Daily Nugget is owned by Illumination Software LLC, a US limited liability company, formed in the state of North Carolina.
2.2 You must register as a member on the Site in order to access and use Services. Further, My Daily Nugget reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users. Users may be subject to other conditions that My Daily Nugget may impose in our discretion.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. My Daily Nugget may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 My Daily Nugget may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
2.5 You may optionally purchase a subscription to gain access to premium or broader range of content. You will be billed monthly the amount of the subscription plan you choose to purchase. This amount will be disclosed to you when you purchase the subscription.
2.6 We will not refund any payments that have already been made. You may cancel your paid subscription at any time, and the broader access granted to you by the paid subscription will last until the end of your monthly payment period. At the end of the monthly payment period, we will automatically limit your access and downgrade your account to the free tier.
3. Users Generally
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with My Daily Nugget, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, technology now known, technology not currently known or manual processes) without written permission from My Daily Nugget is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.4 My Daily Nugget may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the third party web sites. You acknowledge that My Daily Nugget has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of My Daily Nugget and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of My Daily Nugget’s feedback system.
3.7 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to My Daily Nugget or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to My Daily Nugget to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site or the provision of any Services and/or the business to the User. You confirm and warrant to My Daily Nugget that you have all the rights, power and authority necessary to grant the above license.
4. Member Accounts
4.1 User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with My Daily Nugget’s approval, one User may only register one member account on the Site. My Daily Nugget may cancel or terminate a User’s member account if My Daily Nugget has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, My Daily Nugget may reject User’s application for registration for any reason or without giving any reason.
4.2 Upon registration on the Site, My Daily Nugget shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify My Daily Nugget immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to My Daily Nugget or other Users of the Sites. Member shall indemnify My Daily Nugget, Illumination Software LLC, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, My Daily Nugget shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Site and Services for business purposes only; and (c) the address you provide when registering is your principal place of business (in case of business entity) or your residence. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
5.3 Member acknowledges and agrees that Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
6. Breaches by Members
6.1 My Daily Nugget reserves the right in our sole discretion to remove, modify or reject any User or Member that registers on the Site which we reasonably believe is unlawful, violates the Terms, could subject My Daily Nugget or our affiliates to liability, or is otherwise found inappropriate in My Daily Nugget’s opinion.
6.2 If any Member breaches any Terms, or if My Daily Nugget has reasonable grounds to believe that a Member is in breach of any Terms, My Daily Nugget shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by My Daily Nugget in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) imposing other restrictions on the Member’s use of any features or functions of any Service as My Daily Nugget may consider appropriate in its sole discretion; and (iv) any other corrective actions, discipline or penalties as My Daily Nugget may deem necessary or appropriate in its sole discretion.
6.3 My Daily Nugget reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, My Daily Nugget may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. My Daily Nugget shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against My Daily Nugget for such disclosure.
6.4 If a Member is in breach of the Terms, My Daily Nugget also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, My Daily Nugget also reserves the right to disclose the records of such breach to our affiliates or to law enforcement agencies.
6.5 Each Member agrees to indemnify My Daily Nugget, Illumination Software LLC, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Site or Services, or from your breach of the Terms.
7. Limitation of Liability
7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY MY DAILY NUGGET ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND MY DAILY NUGGET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY DAILY NUGGET MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; MY DAILY NUGGET DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND MY DAILY NUGGET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
7.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to My Daily Nugget’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from My Daily Nugget or through or from the Sites shall create any warranty not expressly stated herein.
7.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall My Daily Nugget and our affiliates be held liable for any such services or products.
7.5 My Daily Nugget shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or obtained by a User or from any other third party through the Site;
c) unauthorized access by third parties to data or private information of any User;
d) statements or conduct of any User of the Site; or;
e) any matters relating to Services however arising, including negligence.
7.6 Notwithstanding any of the foregoing provisions, the aggregate liability of My Daily Nugget, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to My Daily Nugget or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
7.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not My Daily Nugget has been advised of or should have been aware of the possibility of any such losses arising.
8. Force Majeure
8.1 Under no circumstances shall My Daily Nugget be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
9. Intellectual Property Rights
9.1 My Daily Nugget is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with My Daily Nugget, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by My Daily Nugget are hereby reserved.
10.1 All legal notices or demands to or upon My Daily Nugget shall be made in writing and sent to My Daily Nugget, by courier, certified mail, or facsimile to the following entity and address: Illumination Software LLC, Attn: Legal Department. The notices shall be effective when they are received by My Daily Nugget in any of the above-mentioned manner.
10.2 You agree that all agreements, notices, demands, disclosures and other communications that My Daily Nugget sends to you electronically satisfy the legal requirement that such communication should be in writing.
11. General Provisions
11.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and My Daily Nugget with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
11.2 My Daily Nugget and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
11.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11.5 My Daily Nugget’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of My Daily Nugget’s right to act with respect to subsequent or similar breaches.
11.6 My Daily Nugget shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of My Daily Nugget). You may not assign, in whole or part, the Terms to any person or entity.
11.7 The Terms shall be governed by the laws of United States of America.