- Registration. We require registration to access certain sections the Website. Where applicable, you may elect to register and create a personal account (each a “Registered Subscriber,” collectively, “Registered Subscribers”) and user ID (“User ID”) to access certain sections and features of the Website and use certain additional Services (“Subscription Services”). If and when you register with the Website, you agree to provide accurate, complete and updated registration information. You also agree to promptly notify Us of any changes thereto. Registration is for a single person only. We do not, and you should not, allow any other person or group of people to access registered sections of the Website and use Subscription Services using your User ID. You must promptly notify Us of any suspected, unauthorized use.
Registered Subscriber may not (i) select or use as a User ID a name of another person with the intent to impersonate that person or (ii) use as a User ID a name subject to any rights of a person other than Registered Subscriber without appropriate authorization. We reserve the right to refuse registration of, or cancel, a User ID in our discretion. Also, Registered Subscriber shall be solely responsible for maintaining the confidentiality of passwords to Registered Subscriber's account(s).
- Intellectual Property
- Consent to receive email. If you register per Section 3(b), you hereby consent to receive periodic newsletters and other types of email communications from Us, including, without limitation, new product offers, customer service issues and other matters. You may choose to opt-out of certain newsletter and announcement email correspondence; however, We reserve the right to email you at any time regarding matters related to your account and your access of the Website and use of the Services.
- Subscription Fees, Payment and Trial Membership. Access to Subscription Services requires payment of fees. Registered Subscriber shall pay all applicable fees, as described on the Website in connection with any such Subscription Services selected by Registered Subscriber. We reserve the right to change our price list and to institute new charges at any time, upon ten (10) days prior notice to Registered Subscriber, which may be sent by email or posted on the Website. Use of Subscription Services by Registered Subscriber following such notification constitutes Registered Subscriber's acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your Subscription Services at any time by accessing the “Your Account” link on the Website. However, We are not obligated to refund any fees that have accrued to your account(s) before the cancellation. Additionally, We will not prorate fees for any Subscription Services.
Fees may be based on one-time or subscription payments as more fully described on the Website. You may pay the Subscription Services fees with a valid credit card that is under your own name or that you are authorized to use for such purpose. Recurring Subscription Services fees paid by credit card will automatically renew, unless you affirmatively cancel your Subscription Services prior to the beginning of the next applicable period for which the Subscription Services correspond. For each applicable subscription time frame that your Subscription Services are active, you acknowledge and agree that TRT is authorized to charge the same credit card for the Subscription Services fee. You agree to promptly notify the TRT of any changes to your credit card while any Subscription Services remain outstanding.
You are responsible for all applicable fees and charges incurred, including applicable taxes, and all Subscription Services selected by you or by anyone that has used your account(s), including your family or friends.
From time to time, We may offer a free trial Subscription Services membership or other promotions. If you accept a free trial membership or a promotion, We will begin to bill your credit card at the conclusion of the free trial or according to the terms and conditions outlined in the promotion. If you do not wish to be charged, you should cancel your account(s) prior to the end of the trial period or in accordance with the applicable promotion rules.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services and/or Subscription Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. Registered Subscriber shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.
- Third Party Content. We are not responsible for and assume no liability for any statements, representations or any other form of information contained in third party content appearing on or made available through the Website. Inclusion of a third party and/or its, his, her content on the Website is not an endorsement thereof. We will not be liable, under any circumstances, for the illegality, inaccuracy or error in any and all third party content.
This Website contains links to other websites. We do not endorse these websites, are not responsible for them, and do not control the availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services associated with a third party site. You agree that We shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only and should you choose to access such other sites you acknowledge that you do so voluntarily and assume all risk.
- Prohibited Uses. You are solely responsible for all of your activity in connection with the Services, Subscription Services and/or accessing the Website. Any fraudulent, abusive, illegal or otherwise inappropriate activities are grounds for termination of your right to Services, Subscription Services or to access the Website. Without limitation to other prohibited uses specified herein, you are prohibited from using the Website for the following purposes:
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(d) using the Website or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services;
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Website or Services. Any violation of system or network security may subject you to significant civil and/or criminal liability;
(g) scraping, crawling or using any other automated device or manual process to harvest data from the Website;
(h) using the Website to transmit any false, misleading, fraudulent or illegal communications;
(i) using information obtained from the Website to solicit other Website users;
(j) posting or transmitting, or causing to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user; and
(k) Additionally, DaisyBrains.com enables Subscribers to post sketches to the Daisy Brains public Sketch Gallery. When You share a Sketch with any or all Subscribers on the site, You must ensure that the sketch does not include any comment or drawing that is unlawful, hateful, defamatory, abusive, obscene, sexually explicit, racist, threatening or otherwise offensive or encouraging of conduct that would constitute a criminal offense or give rise to civil liability. Postings of this nature will be permanently deleted and Subscriber use of the site may be terminated without notice.
- Linking to the Website. You may link to the homepage of the Website granted (i) you send an email to info@DaisyBrains.com notifying Us of such, (ii) you immediately deactivate and discontinue linking to the Website if We, in our sole discretion, so demand and (iii) you do not remove or obscure any portion of the homepage. You may not link directly to sections contained within the Website.
- Disclaimer. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTAILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIAL AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SERVICES AND/OR THE SUBSCRIPTION SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE LIABILITY TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.