Published Daily terms

PUBLISHED DAILY TERMS OF USE

Published Daily, LLC ("Published Daily") owns and operates the following website and the materials contained on it: www.publisheddaily.com ("Site") and provides the Site and its features to you subject to the following terms and conditions. IF YOU VISIT THIS SITE OR REGISTER AS A MEMBER, YOU ACCEPT THESE TERMS OF USE AND OUR PRIVACY POLICY. PLEASE READ THEM CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE THIS SITE. Published Daily may amend these Terms of Use and/or our Privacy Policy from time to time by posting the amended Terms of Use and/or Privacy Policy on this Site. Any amendments to these Terms of Use and/or the Privacy Policy shall be effective immediately on posting. Your continued use of the Site following posting of amended Terms of Use and/or Privacy Policy constitutes your acceptance of the posted amendment. If you have any questions please feel free to contact us at 877-787-7576.

PRIVACY
We are firmly committed to protecting the privacy of our users. Click here to review our Privacy Policy which also governs your use of the Site.

PERMITTED USE AND RESTRICTION ON USE
PERMITTED USE
The Site contains material which is derived in whole or in part from material supplied by us and other sources, and is protected by U.S. and international copyright, trademark and other applicable laws. Except as set forth below, you may download, use, modify, reproduce and distribute only those materials that you are invited to download and customize ("Customizable Materials") from the Site for the purpose of creating and distributing your electronic newsletter ("Newsletter Services") and for no other purpose. You may not use the Newsletter Services in any commercial manner.

RESTRICTIONS ON USE
You may only access the Customizable Materials on the Site if you have a fully paid membership. Memberships are not transferable. You agree not to sell, publish, distribute, retransmit or otherwise provide access to the Site or content received through the Site to anyone, including your fellow employees. You agree not to post any Customizable Materials on any other website or service and not to create abstracts from, scrape or display from our content for use on any other website or service. You agree not to post any content from the Site to newsgroups, mail lists or electronic bulletin boards, without our prior written consent. To request consent for this and other matters, please contact admin@publisheddaily.com Except for the Customizable Materials, no other content or materials (including but not limited to the text, images, audio and/or video) and no code or software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (collectively, the "Other Materials") may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled or otherwise reduced to a human-perceivable form.

YOUR ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password./p>

MEMBERSHIP
Professionals
Initial memberships are for a term of three months, six months, or twelve months. Membership fees are payable in advance. After your initial membership term expires, unless otherwise specified by you, Published Daily will automatically charge your credit card at the current renewal rate for the same term length until you cancel your membership through the membership cancellation process on the Site or by notifying Published Daily either by phone, email, U.S. mail or other transmission.

Renewal options are for one month, six month, and twelve month renewal terms. Membership renewals are auto-charged on the day of the month that corresponds with the day of the month of your original registration date. If you cancel your membership prior to the next charge date, your membership will continue through the month and end on the day of the following month that coincides with the day of the month of your original registration date. Prepaid membership fees are not refundable.

Writers
If you want to become a Published Daily Writer, you must submit a Writer's Application. If accepted as a Writer, you will be required to sign the Published Daily Writer's Agreement, which requires you to provide a specified number of articles to Published Daily each month. As a Writer, you will receive full authorship credit for articles written and used by Published Daily's Professional members.

Affiliates
If you want to become a Published Daily Affiliate, you must submit an Affiliate Application. If accepted as an Affiliate, you will be required to sign the Published Daily Affiliate Agreement. Upon execution of the Affiliate Agreement, Published Daily will provide you with templates and banner ads for your website. You may also have the option of creating your own banner ads for advertising on the Site.

COMMUNICATIONS/SUBMISSIONS
When you visit the Site or send e-mails to the Site, you are communicating with Published Daily electronically. You consent to receive communications from Published Daily electronically. Published Daily will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that Published Daily provides to you electronically satisfy any legal requirement that such communications be in writing. Any materials which you post through the Content Manager or transmit to the Site or Published Daily by electronic mail, telephone conference call, live or recorded interview, or otherwise, including creative suggestions, ideas, notes, drawings, concepts or other information, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information") shall be deemed and shall remain, the property of Published Daily. None of the Information shall be deemed confidential and Published Daily shall not be liable to you or any third party for any use or disclosure of any Information.

LINKED SITES
Published Daily is not necessarily affiliated with sites that may be linked to the Site ("Linked Sites") and is not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such Linked Sites or any association between Published Daily and the owners or operators of the Linked Sites. You assume sole responsibility for use of any Linked Sites.

CONTENT MANAGER
The Site may include bulletin boards, chat rooms, e-mails or other forums. Published Daily is not responsible for any material posted through the Content Manager, and it is a condition of your use of the Content Manager and the Site that you shall not upload, transmit, distribute or otherwise publish through the Content Manager any content which: violates any law or regulation; libels; defames; is obscene, hateful, racist, harassing, vulgar, pornographic, abusive, threatening, profane or indecent; infringes any intellectual property rights of a person or entity;; or violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights

While Published Daily does not and cannot review all material posted by users through the Content Manager and is not responsible for the content of said material, Published Daily reserves the right to delete, move, or edit all material that it, in its sole discretion, deems to be in violation of any law or regulation, including without limitation, copyright and trademark laws, is abusive, defamatory, obscene or otherwise unacceptable. You acknowledge that Published Daily reserves the right to monitor any and all information transmitted or received, for operational and other purposes. Your use of this Site constitutes consent to such monitoring. Published Daily will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity. Published Daily reserves the right to immediately terminate its service to any user for any violation of this Agreement.

CONTINUITY OF SERVICE
Published Daily makes every effort to keep its service up and running. However, Published Daily cannot and does not guarantee that our service and operation of the Site will be uninterrupted or error-free. In no event shall Published Daily be liable for any disruption of service.

DISCLAIMER OF WARRANTIES
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND ALL CONTENT CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY CONTENT RESTS WITH YOU.

NOTHING ON THE SITE SHOULD BE REGARDED OR DEEMED TO BE ADVICE REGARDING COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. NEITHER PUBLISHED DAILY NOR ANY THIRD PARTIES PROVIDING CONTENT TO THE SITE ARE ENGAGED IN OR INTEND TO ENGAGE IN RENDERING LEGAL, ACCOUNTING OR ANY OTHER PROFESSIONAL SERVICES. THIS SITE AND ANY CONTENT ON IT, INCLUDING THE CUSTOMIZABLE MATERIALS, ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND.

PUBLISHED DAILY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PUBLISHED DAILY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUBLISHED DAILY IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT, OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO ANY CONTENT CONTAINED ON THE SITE.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL PUBLISHED DAILY, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS BE LIABLE: (1) FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF PUBLISHED DAILY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (2) RELATING TO YOUR PUBLISHED DAILY MEMBERSHIP OR THE CONTENT CONTAINED ON THE SITE; OR (3) RELATING TO ANY THIRD PARTY CONTENT OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PUBLISHED DAILY'S TOTAL LIABILITY FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE MEMBERSHIP FEE PAID BY THE MEMBER FOR THE RELEVANT TERM.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Published Daily, its parents, subsidiaries, affiliates and their respective directors, officers, employees, agents and assigns, for, from and against any and all threatened or actual claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (a) your breach of breach of any of your representations, warranties, covenants or obligations contained in this Agreement; (b) your use of the Site; (c) any content posted by you on the Site or otherwise provided by you to Published Daily; or (d) noncompliance with any applicable federal, state, or local laws or regulations.

RIGHT TO DISCONTINUE OR CHANGE SITE
Published Daily reserves the right to modify or discontinue this Site, or any portion thereof without notice to you or any third party.

COPYRIGHT
All works, information, content, services and software displayed on, transmitted through, or used in connection with this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Published Daily or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Published Daily and protected by U.S. and international copyright laws. All software used on this Site is the property of Published Daily or its software suppliers and is protected by United States and international copyright laws. All Customizable Materials provided to members for distribution to others via this Site contain Published Daily's copyright notice. You shall not remove Published Daily's copyright notice from any copies of Customizable Materials that you distribute to others.

TRADEMARKS
Published Daily and the Published Daily logos are service marks of Published Daily. Except for the limited license granted to you in this Agreement, you may not use our service marks without our prior written consent. Published Daily grants you a limited, revocable, non-exclusive and non-transferable right to create a hyperlink to the home page of the Site for the sole purpose of distributing Customizable Materials consistent with the terms and conditions of this Agreement.

MISCELLANEOUS
These Terms of Use and Published Daily's Privacy Policy constitute the entire understanding of the parties with respect to the use of the Site and supersede any and all prior agreements, understandings, negotiations, and discussions, whether oral or written related to the use of the Site. The Site is controlled and operated by Published Daily, LLC from its offices located at 3017 Walnut Ridge Dr., Ann Arbor MI, 48103. This Agreement will be governed, construed and enforced in accordance with the laws of the State of Michigan, without regard to its choice of law rules, and, to the extent applicable, the laws of the United States. To the extent permitted by applicable law, you consent to the exclusive jurisdiction and venue of the federal and state courts in the State of Michigan, County of Washtenaw. The invalidity or unenforceability of any provision of this Agreement shall in no way effect the validity or enforceability of any other provision of this Agreement. Published Daily's failure to act with respect to a breach by you or others does not waive Published Daily's right to act with respect to subsequent or similar breaches.

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICES
Published Daily respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send written notification to our Designated Agent:

Jihan Nicholas
3017 Walnut Ridge Dr.
Ann Arbor, MI 48103
Telephone: 1-877-787-7576 ext 101
FAX: 1-734-531-0181
email: Jihan@PublishedDaily.com

You should only send notice of potential copyright infringement to our Designated Agent. For all other inquiries (e.g., requests for technical assistance or customer service, reports of email abuse, and piracy reports), please contact us through our contact page.

Your written notification must include the following:

An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of the material you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf..

Last Updated: 3/06/2009