Terms of Use

Last updated: July 1, 2010

Our goal is to help you discover and pursue a work life worth living. In particular Daily Endeavor helps you understand the types of jobs and career options that exist in the world, so you can make more informed, more creative work life decisions. We welcome you and anyone willing to join us in this pursuit.

The following terms and conditions (the "Terms of Use") govern your access to and use of the Daily Endeavor website ("Site"), any services provided by Daily Endeavor, Inc. ("Daily Endeavor", "we," "us") through the Site ("Service") and any information, text, links, graphics, video or other materials appearing on the Site or Service ("Content"), including any submitted by users of the Site (“User Content”, “Your Content”, “Submissions”).

Eligibility

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract, fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. At minimum, you affirm that you are over the age of 13, as Daily Endeavor is not intended for children under 13. If you are under 13 years of age, then please do not use the Daily Endeavor Site.

Acceptance of Terms

These Terms serve as an agreement between you and us, which you are accepting electronically online, and which govern your use of the Site. We use the term “you” to mean you as an individual or entity using the Site and/or Service. You agree that we may provide you with important information and terms electronically, either by email or by posting such notices online.

Changes

These Terms may be updated from time to time as our services change and grow. We reserve the right to change these Terms without prior notice. For example, we may change or stop providing the Service to you or to others generally, or we may create usage limits for the Service.

You can see when these Terms were last revised by referring to the "Last Updated" date at the top of this page. Any changes to these Terms will become effective upon our posting of the revised Terms on the Site. You acknowledge and agree that if you use the Site and/or Service at any time after the Terms of Use have changed, you accept the Terms as modified.

Personal Non-Commercial Use Only

The Site is made available for your personal, non-commercial use only.

User Accounts

To use some of the features on the Site, you will need to create an account. You are solely responsible for the activity that occurs on your account, and for keeping your account password confidential and secure. Daily Endeavor reserves the right to refuse the registration of, or cancel a user account at its discretion.

When creating your account, you must provide accurate and complete information and keep this information updated. If you use a Facebook account to register with Daily Endeavor, it must be your Facebook account. You may not impersonate someone else, provide an email address other than your own, or create multiple accounts. You may never use another person's account without permission. You agree to notify us immediately of any breach of security or unauthorized use of your account. Daily Endeavor reserves the right to terminate your use of the Site upon the discovery that the information you provided is not complete or accurate.

Privacy

We respect your privacy and the privacy of others. Daily Endeavor does not use spy-ware, ad-ware, pop-up ads, spam or other annoying or intrusive advertising. These Terms of Use incorporate the terms of Daily Endeavor Privacy Policy, which may be found at http://www.dailyendeavor.com/privacy.

Use of the Site

We grant you permission to use the Site subject to the restrictions in these Terms of Service. Given the nature of the Site, there is likely to be a diversity of opinion. In using the Site, you may be exposed to User Content from a variety of sources and may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You understand Daily Endeavor does not endorse such Content, cannot vouch for its accuracy, and is not responsible for the usefulness, safety, or intellectual property rights of or relating to such User Content.

Your Responsibilities

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material posted by you on the Site. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Daily Endeavor.

You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Your Rights & License to DailyEndeavor

You retain copyrights over the Content you provide to Daily Endeavor. Your personal profile information and materials uploaded remain yours. You can remove your personal profile at any time by deleting your account. By posting on Daily Endeavor you grant us certain rights to help make your Content more widely available to the community. You will not be restricted by the terms of this license for the content that you create. As the author / copyright holder, you are free to use your content elsewhere in any manner you choose.

When you post, submit or display Content on or through the Site, you are granting Daily Endeavor, or warranting that the owner of such Content has expressly granted Daily Endeavor, a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works therefrom, transmit, distribute, perform, display and delete such Content (in whole or in part) worldwide and/or to incorporate such Content in other works in any form, media or technology now known or hereafter developed. Among other things, this grant allows any user of the Site to access, display, view, store and reproduce such User Content for personal use, and allows Daily Endeavor the ability to display advertising on the website.

Daily Endeavor Rights

When you submit reviews or other User Content to the Site, we may make use of your submission, including showing your submission to other users who might benefit from your submission, and attributing such submission to you by associating it with your username, profile picture, or any other descriptive profile information you have provided. As a result, we need broad rights in the User Content you submit to the Site.

You acknowledge and agree that we reserve the right (but have no obligation) to (a) evaluate each Submission before allowing it to be posted on the Site or any Forum; and (b) we may do one or all of the following, at our sole discretion: monitor, alter, remove, reinstate or refuse to post or allow to be posted any Submissions. For example, we may remove a review if we believe it violates our Community Guidelines. We disclaim any liability for failing to take any such action. We have no obligation to retain or provide you with copies of Your Submissions.

We further reserve the right to disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Daily Endeavor and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.

Daily Endeavor owns all right, title and interest in and to the Content on this Site, including but not limited to visual interfaces, interactive features, graphics, videos, design, compilation, computer code, products, software, taxonomies, tags, aggregate user review ratings and votes, and all other elements and components of the Site excluding User Content and Third Party Content. This Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Daily Endeavor makes no claims that the Content may be lawfully viewed or downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Service are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based on, distribute, sell, transfer, rent, lease, loan, publicly display, publicly perform, transmit, or otherwise use this Site or the Service, or any portion thereof. For example, you may not take our ratings, taxonomies, tags, lists, search results, forum postings, blog postings, or any other Content from our Site and reformat and display them, or mirror home page or other pages on your website or in print. If you want to make commercial use of our services, you must enter into a separate agreement with us to do so in advance.

You agree that this license includes the right for Daily Endeavor to make Your Content available to other organizations, companies or individuals who partner with Daily Endeavor for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Prohibited Uses

As a condition to your access and/or use of the Site, Content, or Service, you agree not to (and not to allow a third party to):

1. Upload, post, email, transmit, link to, or otherwise make available any information, materials or other content that
   • Is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, offensive or pornographic, invades another’s privacy, or promotes bigotry, racism, or hatred for or harm against any individual or group;
   • Infringes another’s rights, including any copyrights or other intellectual property rights;
   • Solicits personal information from minors or to harm or threaten to cause harm to minors;
   • Renders the Site inaccessible to other Daily Endeavor users;
   • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   • Contains unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation, or has any connection to any form of “adware,” or “spyware”;
   • You know to be false or misleading;
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service;
4. Use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any webpages contained on this Site other than solely for inclusion of links to The-guide-project.com in a web search service such as Google, Yahoo or Bing, whose primary service is to provide its users with links to relevant websites in response to search queries;
5. Create any user account by automated means or under false pretenses;
6. Reverse engineer, decompile or disassemble any of the software used to provide this Site, Content or Service, other than software released under an Open Source software license;
7. Interfere with or disrupt this Site, Content or Service, or any servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected thereto;
8. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
9. Post any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking" or "cracking."
10. Use the Site, Content or Service to violate the security of any other computer network or attempt to access passwords or other security information under unauthorized, false or fraudulent pretenses;
11. Obtain, collect, store or modify any personally identifiable information, including account usernames, photos, or profile descriptions, from the Site, nor to use the community portions of the Site, including but not limited to user reviews, blog feedback, forums, personal profiles and support areas, for any commercial solicitation purposes.
12. Use the Site to advertise or offer to sell or buy any goods or services, without Daily Endeavor's express prior written consent;
13. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
14. Frame or mirror any part of the Site without Daily Endeavor’s express prior written consent;
15. Create a database by systematically downloading and storing Site content;
16. Use any meta tags or any other "hidden text" using the Daily Endeavor name, trademark or service name without Daily Endeavor’s express written consent.
17. Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
18. Take any other action that imposes, based on our sole discretion, an unreasonable load on our IT infrastructure.

You specifically agree not to use any automated method to vote on reviews in order to unduly bias our algorithm in favor of or against specific outcomes. You furthermore specifically agree not to use the Site for keyword spamming or to otherwise attempt to manipulate the search results.

Respecting Intellectual Property

Daily Endeavor respects the intellectual property of others and expects visitors to the Site to do the same. Daily Endeavor does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Daily Endeavor will remove Content if properly notified that such Content infringes another's intellectual property rights. Daily Endeavor reserves the right to remove any content without prior notice.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send a notice requesting that Daily Endeavor remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Daily Endeavor a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be mailed to Daily Endeavor's designated copyright agent at: Daily Endeavor, Attn: Designated Copyright Agent, 632 Broadway, 7th Floor, New York, NY 10012, Fax: (917) 591-2305, Email: support@dailyendeavor.com, Telephone: (650) 646-4179. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Your Relationship with Others linked to by Daily Endeavor

The inclusion of any link on the Site, Service or Content does not imply that we endorse, recommend or are affiliated with the linked organization or company, or the content, product or services on or available from the linked website. You acknowledge sole responsibility for and assume all risk arising from your access to and/or use of any such linked websites.

Your correspondence with merchants or advertisers found on the Site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Daily Endeavor liable for any loss, damage, cost or expense of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

Unauthorized Access

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Termination

We reserve the right to modify or terminate the Site or any user account, or change or remove any Content at any time and for any or no reason, without notice and with no liability to you. For example, Daily Endeavor may terminate your account and your access to the Site if Daily Endeavor determines at its sole discretion that you have breached these Terms of Service. Upon termination of your account, your right to use Daily Endeavor services and access the Site and any Content will immediately cease.

You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing Daily Endeavor with a notice of termination. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display Your Content where it pertains to other users (e.g., votes you have made).

Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Daily Endeavor does not endorse any of the products or services listed at such sites.

Disclaimer of Warranties

THIS SITE, CONTENT, AND SERVICE ARE PROVIDED "AS IS." DAILY ENDEAVOR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, CONTENT, AND SERVICE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THIS SITE, CONTENT, AND SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAILY ENDEAVOR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DAILY ENDEAVOR MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. YOU AGREE THAT YOUR ACCESS TO AND/OR USE OF THE SITE, CONTENT, AND SERVICE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY INFORMATION, MATERIALS OR CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE, CONTENT, AND SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DAILY ENDEAVOR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT OR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE, THE SITE, CONTENT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DAILY ENDEAVOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT DAILY ENDEAVOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY OF THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL DAILY ENDEAVOR'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). FURTHER, DAILY ENDEAVOR WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM OR LINKED TO THROUGH THE SITE OR THROUGH THE SERVICE. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THESE TERMS OF USE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE.

THE LIMITATIONS OF LIABILITY AND SOLE REMEDY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DAILY ENDEAVOR AND YOU.

Indemnity

You agree to defend, indemnify, and hold harmless Daily Endeavor, its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees, arising out of or in any way connected with your access to and/or use of the Site, Content, or Service, or your violation of these Terms of Use, or Daily Endeavor Privacy Policy.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

The failure of Daily Endeavor to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Notices

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to support@dailyendeavor.com. You may also contact us by writing to 632 Broadway, 7th Floor, New York, NY 10012, or by calling us at +1 650-646-4179. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Relationship of the Parties

You and Daily Endeavor are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law rules or principles. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be that of state and federal courts located in New York, New York, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use and the policies referenced herein are the entire and exclusive agreement between Daily Endeavor and you regarding the Site, Content, and Service.