1. Introduction
Welcome to Pendaily.com. These Terms and Conditions (“Terms”) govern your use of the Pendaily.com website and all content, services, and products available at or through the website (collectively, the “Service”). The Service is owned and operated by Pendaily Media, Inc. (“Pendaily,” “we,” “us,” or “our”).
By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Service.
2. Definitions
Throughout these Terms, we use certain defined terms:
- “Content” refers to all text, images, audio, video, graphics, comments, suggestions, information, data, and other materials published on the Service.
- “User Content” refers to any Content submitted, posted, or displayed by users of the Service.
- “Pendaily Content” refers to Content created, developed, or owned by Pendaily.
- “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3. Account Registration and Access
3.1 Account Creation
To access certain features of the Service, you may be required to register for an account. When you register, you will be asked to provide certain personal information, such as your email address and to create a username and password.
3.2 Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account password
- Restricting access to your account
- All activities that occur under your account or password
You must notify Pendaily immediately of any unauthorized use of your account or any other breach of security.
3.3 Age Restrictions
The Service is intended for users who are at least 16 years of age. By using the Service, you represent and warrant that you are at least 16 years old. If you are under 16 years old, you may not use the Service.
4. Content and Conduct
4.1 User Content
When you submit, post, or display User Content on or through the Service, you grant Pendaily a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed.
4.2 Content Ownership
You retain ownership of and responsibility for your User Content. Pendaily does not claim ownership rights in your User Content. However, you acknowledge that Pendaily owns all right, title, and interest in and to the Service and all Pendaily Content.
4.3 Content Guidelines
You agree not to upload, post, email, transmit, or otherwise make available any User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable
- Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”), chain letters, or any other form of unauthorized solicitation
- Contains the personal information of individuals under 16 years of age
- Impersonates any person or entity, including, but not limited to, a Pendaily official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity
4.4 Content Removal
Pendaily reserves the right, at any time and without prior notice, to remove or disable access to any User Content that Pendaily, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Service or users.
5. Subscription Services
5.1 Subscription Fees
Certain portions of the Service may be available only via a paid subscription. By signing up for a subscription, you agree to pay the subscription fees as they are described at the time of your purchase.
5.2 Automatic Renewal
Unless otherwise stated at the time of purchase, your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date. By subscribing, you authorize Pendaily to charge your payment method on file for the renewal payment.
5.3 Cancellation
You may cancel your subscription at any time by accessing your account settings or by contacting customer support. If you cancel, you will continue to have access to your subscription until the end of your current billing period, but you will not receive a refund for the current billing period.
5.4 Price Changes
Pendaily reserves the right to change subscription fees at any time. Any price changes will take effect following notice to you.
6. Intellectual Property Rights
6.1 Service Content
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and User Content, and all Intellectual Property Rights related thereto, are the exclusive property of Pendaily and its licensors.
6.2 Limited License
Subject to these Terms, Pendaily grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.
6.3 Restrictions
You may not:
- Copy, modify, or create derivative works based on the Service or any Content
- Frame or mirror any part of the Service without Pendaily’s prior written authorization
- Access the Service by any means other than through the interface that is provided by Pendaily
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, or algorithms of the Service
- Use the Service to build a competitive product or service, or for any other competitive purposes
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service
7. Privacy
Your privacy is important to us. Please review our Privacy Policy at [URL to Privacy Policy] to understand how we collect, use, and disclose information about you.
8. Third-Party Links and Services
The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Pendaily. Pendaily has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Pendaily shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
9. Termination
9.1 Termination by You
You may terminate your account at any time by contacting us or using the Service’s account deletion feature, if available.
9.2 Termination by Pendaily
Pendaily may terminate or suspend your access to all or part of the Service, without prior notice or liability, for any reason, including, without limitation, if you breach any of the provisions of these Terms.
9.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Warranty Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PENDAILY EXPLICITLY DISCLAIMS 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. PENDAILY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
11. Limitation of Liability
IN NO EVENT SHALL PENDAILY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PENDAILY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Indemnification
You agree to defend, indemnify, and hold harmless Pendaily, its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within [COUNTY/CITY, STATE] for the resolution of any dispute relating to these Terms or your use of the Service.
14. Changes to Terms
Pendaily reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
15. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
16. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Pendaily. 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.
17. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Pendaily’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Pendaily 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.
18. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Pendaily on the Service, shall constitute the entire agreement between you and Pendaily concerning the Service. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Pendaily with respect to the Service.
19. Contact Information
If you have any questions about these Terms, please contact us at:
Email: info@pendaily.com
