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Terms

Description of service
Daily-Advantage.com is the online learning and educational resources site of Sabio Net, Inc. (“Sabio”). Daily-Advantage MyWeb is a learning community site designed for children and their tutors, parents, peers and educators. All users are members of Daily-Advantage. Daily-Advantage services include Online Learning, MyBlog, Forum and other services offered on www.daily-advantage.com.

House Rules
Daily-Advantage members agree to NOT do any of the following:

  • Create, upload, transmit or make available in any way any material that harms children.
  • Solicit personal information from any member.
  • Create, upload, transmit or make available in any way any text, messages, images or files that are derogatory, defamatory, abusive, threatening, vulgar, obscene, bigoted, hateful, racially offensive, insulting or that violates any person’s privacy (including but not limited to posting pictures, full names, email addresses, addresses or phone numbers).
  • Use Daily-Advantage services to transmit junk mail, chain letters, unsolicited mass email, spam or comment spam.
  • Post information that you know is false, misleading or that promotes illegal activity.
  • Use Daily-Advantage to promote any products or services (whether for profit or not for profit), or solicit others for commercial products or services of any kind.
  • Impersonate any person or misrepresent yourself or your association with any person or group.
  • Create, upload, transmit or make available in any way any content that violates any third party’s legal rights, or any domestic or international law or regulation.
  • Upload, transmit, or make available in any way any content that you do not have the right to transmit under any law, contract or fiduciary agreement.
  • Create, upload, transmit or make available in any way any files, computer codes or software programs that contain software viruses or any other type of harmful material that is intended to disrupt, destroy or limit the functionality of computer or network hardware or software products or services.
  • Interfere, disrupt, or create an undue burden on any network services provided by Daily-Advantage.

We reserve the right to remove any material or cancel the account of any person we determine violates any of these terms.
We also reserve the right to turn over to law enforcement personnel any content created, uploaded, transmitted, distributed or made available in any way on Daily-Advantage that we deem may be in violation of these terms or any applicable law. Furthermore, we reserve the right to prosecute fraudulent orders.
If you believe that content on Daily-Advantage.com infringes upon your intellectual property rights, please email legal @ daily-advantage.com. In your correspondence, you must include your name, the work you believe has been infringed along with any relevant registration numbers, identification of the work on Daily-Advantage.com that you believe infringes your work, your contact information, confirmation that you have a good faith belief that the material you are concerned about was not authorized by the rights owner, confirmation that the information you are submitting to us is accurate and under penalty of perjury you are authorized to act on behalf of the rights holder, and your signature. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).

Acceptance of terms
By using the Daily-Advantage services you agree to adhere to these terms. Daily-Advantage reserves the right to modify these terms without notice. If you do not agree to these terms, you may not use Daily-Advantage. Daily-Advantage may, from time to time, update these terms without notice. The most recent terms will be posted at www.Daily-Advantage.com. You should revisit this page occasionally to review the terms and conditions.

Cancellation
You understand and agree that you have no ownership rights in your Daily-Advantage.com account. Daily-Advantage may cancel your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement, or for any other reason. Daily-Advantage assumes no liability for any information removed from our site for violating these terms.
You may also cancel your account at any time. This cancellation takes effect immediately. After a cancellation, Daily-Advantage will remove all content associated with your account. We reserve the right to permanently restrict access to our products and services to members who have had their accounts cancelled.

Security of username and passwords
Daily-Advantage accounts are protected by username and passwords. You agree to keep your password secure and not to disclose it to anyone. You also agree not to solicit or use another member’s account and password. You are solely responsible for any and all use of your account.

Posted content
Daily-Advantage does not claim ownership of content you create, upload, transmit or make available in any way on Daily-Advantage. By posting content on Daily-Advantage you grant Daily-Advantage a non-exclusive, fully-paid, royalty-free worldwide license to copy, use, translate, modify, adapt, store and reproduce the content for the purposes of displaying, publishing, distributing and transmitting the content on Daily-Advantage and affiliated sites.
If you remove content from Daily-Advantage, this license will be terminated. Notwithstanding the foregoing, you understand and acknowledge that Daily-Advantage.com owns the servers on which your content resides, and you own no protectable rights in and to those servers, your user account or any data Daily-Advantage stores on its servers. Should your account be terminated, you will not be given back any content you uploaded to Daily-Advantage.com, nor will you be given access to those materials.
Furthermore, you agree that you will not post any content that infringes on any copyright, privacy or publicity right, patent, trademark, trade secret or any other proprietary right of any party. You may not use, copy, transmit, publish, distribute, modify, broadcast or sell any content published on Daily-Advantage that was not created by you.

You acknowledge that Daily-Advantage does not pre-screen content but that Daily-Advantage and its designees have the right (but not the obligation) to remove or refuse to remove any content on Daily-Advantage. Daily-Advantage also has the right to remove any content that violates these terms. You agree that you will be solely responsible for all risks associated with the use of this content, including the accuracy, completeness or use of this content.

Daily-Advantage Intellectual Property
The content, design and technology of Daily-Advantage.com, including, but not limited to, the trademarks, service marks, package designs, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing ("Content") are the property of Sabio Net, Inc., except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Sabio.
Daily-Advantage.com may contain references to other company brand and product names. These company brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. Sabio may be, but is not necessarily sponsored by or affiliated with, any of owners of the other company brand and product name appearing on Daily-Advantage.com, and makes no representations about them, their owners, their products or services.

Third-Party Web Site Links
The Daily-Advantage website may contain hypertext links to web sites operated by parties other than Sabio. Such hypertext links are provided for reference only. Sabio does not control such web sites and is not responsible for their contents. Sabio’s inclusion of hypertext links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of Daily-Advantage.com, or trademarks, service marks, or trade dress found within the Daily-Advantage.com may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting Daily-Advantage.com you understand and acknowledge that you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on Daily-Advantage.com. You agree not to display or use any Content or third party content located on the Daily-Advantage.com in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Sabio Net, or its licensors, that dilutes the strength of Sabio or its licensor’s property, or that otherwise infringes Sabio or its licensor’s intellectual property rights.

Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAILY-ADVANTAGE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAILY-ADVANTAGE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SERVICE;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
  • ANY OTHER MATTER RELATING TO THE SERVICE

Indemnity
You agree to indemnify and hold Daily-Advantage.com and Sabio and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
Disclaimer
THE MATERIALS IN THE SABIO SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY SABIO SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SABIO SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SABIO SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from any Sabio site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Sabio site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.
We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Contacting us about these terms
If you have any questions about these terms, or wish to report violators of these terms, contact legal @ Daily-Advantage.com.
  
 
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