TERMS OF SERVICE
Nostalgia Daily(“We” or “Us”), the owner of www.nostalgiadaily.com (the “Website”) welcomes you to our community!
Before you begin using the Website, please read the following Terms of Service (“Terms”) carefully. These Terms govern your use and access to the Website, including functionality available through the Website which may be provided by third parties, during both any free trial period and any future access or use.
This Website is designed for use by adults, and is not intended to be used by those under the age of 13. By accessing or using this Website, you represent and warrant that you have legal capacity to enter into the agreement set out in these Terms, and that you are of sufficient age, mental capacity and are otherwise entitled to legally enter and be bound by contract.
EACH TIME YOU ACCESS OR OTHERWISE USE THE WEBSITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS. YOU AGREE THAT WE MAY NOTIFY YOU OF CHANGES TO THE TERMS BY POSTING THE CHANGED TERMS ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR ACCESS OR USE OF THE WEBSITE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE CHANGED TERMS.
Please check this webpage periodically, as the newest version of the Terms will be posted here. We will update the date at the top of this page to reflect the date of the most current version of the Terms.
The Website features news articles, photographs, video and other media regarding or related to celebrities, and may include additional content such as quizzes, advertisements, surveys, and games (the “Content”). We reserve the right change the Website at any time.
Your use of the Website shall be limited solely to your personal and non-commercial use.
You acknowledge our valid intellectual and proprietary property rights in the Website, and acknowledge and agree that your use of the Website is limited to the access and viewing of the Website. Nothing in these Terms shall be deemed to convey to you any right, title or interest in or to the Website or Content or to any portion thereof except for the limited rights expressly granted herein.
You may not use the Website or Content for any illegal or unauthorized purpose. You must not, in the use of the Website or Content, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree that if you engage in illegal or unauthorized use of the Website or Content, you will be solely responsible for your illegal or unauthorized use, and will indemnify us from any claims arising out of your illegal or unauthorized use.
While using the Website, you agree:
You are over the age of 13.
You are able to enter into legally binding contracts.
You will not violate any applicable laws or regulations, including all laws protecting copyrighted, trademarked, trade secret, or other intellectual property;
You will not use the Content or Website to create threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
You will not use the Content or Website to create any image, sound or word(s) that promote bigotry, racism, hatred or harm against any individual or group.
You will use the Content or Website in a manner that is in violation of any rights of any third parties, including intellectual property laws.
You will not modify, sublicense, adapt, translate, reverse engineer, sell, decompile or disassemble any portion of the Website.
You will not collect information about users of the Website.
You will not use the Website to abuse, harass, threaten, stalk or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
You will not transmit any software or other materials that contain any viruses, worms, trojan horses, defects or other items of a destructive nature.
You will not knowingly or intentionally the take any action that may impose an unreasonable burden or load on the Website or its servers and infrastructures.
You will not build a business that, in whole or in part, resells, redistributes or recirculates or makes any other commercial use of, or create derivatives works or materials utilizing any portion of the Website and/or Content, whether or not for profit.
To the extent that we make the Website and/or Content available to you via an app, widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you agree not to modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Website and/or Content, or any advertisement delivered with Content.
You will not disable, modify, interfere with or otherwise circumvent any technology to allow users to view the Website and/or Content without: (i) displaying visibly both Website and/or Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of the Website and/or Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You will not access the Website unless you are physically located within the United States.
We may suspend or terminate your access to and use of the Website immediately if you fail to comply with the above terms.
You hereby grant to us and our third party providers and designated agents and subcontractors a non-exclusive, royalty-free license to use, publish, copy, modify, create derivative works of, transmit, display and distribute any content you create for the website, including your comments or any material you upload to the Website (“Your Content”). In addition, you warrant that all moral rights in any of Your Content have been waived, and do hereby waive any such moral rights.
Intellectual Property Rights and Content Ownership
Our Intellectual Property
The Website’s designs, graphics and logos, and certain other names or logos, including the “look” and “feel” of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are protected trademarks, service marks and copyrights of BVJ4 Enterprises, Inc. (the “BVJ4 IP”). All other product and service marks are the trademarks of their respective owners.
Subject to and conditioned upon your compliance with these Terms, we grant to you a revocable, non-exclusive, non-transferable, non-sublicensable right to access the Website. Except for such limited right to access the Website in accordance with these Terms, the BVJ4 IP and any text, sounds, data, links graphics, and other materials incorporated into the Website (other than Your Content) and the overall “look and feel” of the Website remain the property of BVJ4 Enterprises, Inc. or its licensors or suppliers. You may not use, reproduce, distribute, sell, resell, duplicate, modify, transmit, or use the Website or any portion thereof for any commercial purpose without our written consent.
You acknowledge and agree that by sharing Your Content through the Website, Your Content may be public, and will be viewed and accessed by members of the public. You further understand that we will not be responsible or liable for third-party use of your Content.
You agree not to incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make the online services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or online services with any third party content, materials or branding.
Copyright Violations and the DMCA
We are committed to protecting copyrights and expect users of the Website to do the same. At our discretion and in appropriate circumstances, we may terminate or prevent access to all or part of the Website by users who infringe the intellectual property rights of others.
We abide by the federal Digital Millennium Copyright Act (“DMCA”). If you believe that Content on the Website is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights or other intellectual property in that work, please immediately notify us of any such copyright or other intellectual property rights infringement. Your written notice should be sent to our designated agent as follows:
Attn: DMCA Complaints
Please note that third party providers have their own DMCA procedures. If you believe a user on a third party site is infringing on your propriety work by linking back or displaying Content from the Website, please use that third party’s DMCA complaint procedure.
Copyright infringement Notification. To file a copyright infringement notification, please send us written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed 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 the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms. Before sending a copyright infringement notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.
Links to Third Party Sites and Applications
Third Party Service Providers
From time to time, we may partner with various third parties and applications to provide additional functionality to the Website (“Third Party Functionality”). Such Third Party Functionality may be subject to additional terms and conditions which will be made available to you as you access such functionality. You hereby warrant that you will comply with all such third party terms and conditions with respect to the Third Party Functionality. You acknowledge and agree that such Third Party Functionality may be terminated by us at any time for any reason without any right of refund of any fees paid. While we will make reasonable efforts to notify you before terminating any such Third Party Functionality, failure to so notify will not be breach of these Terms.
Cancelling or Terminating Access to the Website
We reserve the right to cancel and/or terminate your access to and use of the Website for any reason, including if we, in our sole discretion, determine that you have violated these Terms.
You acknowledge that we may amend the Website at any time, as needed to help maximize the operation and availability of the Website and to prevent abuses. We reserve the right to monitor and to identify excessive use of network resources and to take technical action or other remedial measures as we deem appropriate to maintain a fair level of service for all members.
Neither BVJ4 Enterprises, Inc. nor our third party providers shall be liable to you for any modifications, suspensions or discontinuance of the Website.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to the Website, and supersedes all other communications, written or oral, with regard to the Website. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
U.S. Government Restricted Rights
All materials, information, software and other products supplied by or through the Website are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013 (c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our third parties’ proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any of our third-party providers to the Website harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, (ii) any activity related to access to or use (including negligent or wrongful conduct) by you or any other person accessing the Website through a cellular phone, computer, tablet or other electronic device which you own and/or (iii) a claim that Your Content infringes third party intellectual property rights.
Choice of Law
The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the state of California, county of San Diego.
Disclaimer of Warranties
THE WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BVJ4 ENTERPRISES INC. AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BVJ4 ENTERPRISES INC. MAKES NO WARRANTY THAT THE WEBSITE’S FUNCTIONS AND/OR FEATURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BVJ4 ENTERPRISES INC. AND ITS THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY CONTENT, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BVJ4 ENTERPRISES INC. OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BVJ4 ENTERPRISES INC. NOR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, FROM ANY CHANGES TO THE WEBSITE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CONTENT OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BVJ4 ENTERPRISES INC. AND ITS THIRD PARTY PROVIDERS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU UNDERSTAND AND AGREE THAT SMART SCREEN WILL NOT BE LIABLE FOR YOUR CONTENT AND EXPRESSLY DISCLAIMS ALL LIABILITY RELATING THERETO.
YOU AGREE THAT THE AGGREGATE LIABILITY OF BVJ4 ENTERPRISES INC. AND ITS THIRD PARTY PROVIDERS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE IS LIMITED TO $100 (USD). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BVJ4 ENTERPRISES INC. HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.