Terms of Service

ACCEPTANCE OF TERMS

Dailymile provides websites, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.

CONTENT

By submitting an entry or photo through the Service, you grant dailymile an unlimited worldwide right to republish the content in any online or printed form. Dailymile reserves the right to modify, translate, republish, reproduce, and/or distribute any and all content submitted to dailymile.com

You are entirely responsible for all Content that you post, email or otherwise make available via the Service.

You agree that under no circumstances will dailymile be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

You acknowledge that dailymile shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by dailymile.

By way of example, and not as a limitation, you agree not to use the Services:

COPYRIGHT COMPLAINTS

Dailymile respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, contact us

PRIVACY AND INFORMATION DISCLOSURE

Dailymile's current privacy policy is available at www.dailymile.com/help/privacy

INDEMNITY

You will indemnify and hold harmless dailymile, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or dailymile User ID, of any intellectual property or other right of any person or entity.

WARRANTY DISCLAIMERS

You acknowledge that dailymile has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release dailymile from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Dailymile makes no representations concerning any content contained in or accessed through the Site, and dailymile will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THIRD PARTY CONTENT, SITES, AND SERVICES

Dailymile and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of dailymile, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

You agree that dailymile shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that dailymile is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release dailymile successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and or our service.

LIMITATION OF LIABILITY

IN NO EVENT SHALL dailymile OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TERMINATION

Dailymile may terminate or suspend any and all Services and your dailymile account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your dailymile account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

GENERAL INFORMATION

The Terms constitute the entire agreement between you and dailymile and govern your use of the Service, superceding any prior agreements between you and dailymile. The Terms and the relationship between you and dailymile shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and dailymile agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New Castle, Delaware. The failure of dailymile to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms, contact us

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.