Terms of Service
The DailyXY.com Web site (the “Web Site” or “DailyXY.com”) is provided by XY Media Ventures Limited (”XY Media”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (”Terms and Conditions”), and the rules that may be published from time to time by XY Media. By using this site, you are deemed to have agreed to these terms and conditions of use. XY Media may change the Terms and Conditions at any time, and without notice. All such changes to these Terms and Conditions will appear on DailyXY.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.
This Web Site is provided to you solely for entertainment purposes. By using the Web Site and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, XY Media reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
You agree that you will not engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate the Services provided, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
Your agree that you will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
Any or all Content on the Web Site may be purged periodically in XY Media’s sole discretion. You acknowledge and agree that Content you view is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by XY Media or submitted to XY Media, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of XY Media.
Restrictions On Use of Material
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
In operating this site, XY Media does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or XY Media mail and e-mail addresses, or in any other way. Any information or material submitted or sent to XY Media, will be deemed not to be confidential or secret. By submitting or sending information or other material to XY Media you represent and warrant that the information is original to you and that no other party has any rights to the material.
You may be able to link to third parties’ Web Sites (”Linked Sites”) from the XY Media Web Site. Linked Sites are not, however, reviewed, controlled, or examined by XY Media in any way and XY Media is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply XY Media’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall XY Media be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. XY Media reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
Contests, Promotions, Simulations or Games
From time to time, XY Media may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Contests”). To participate in Contests, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of XY Media. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Contest, unless the description of the Contest expressly invites a user to register multiple times. XY Media, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release XY Media and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Contest located on, or accessed through, the Web Site. XY Media is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Contest.
Each Registered User agrees to be bound by the rules of any Contest and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site are subject to immediate disqualification and revocation of their registration. XY Media is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Contests may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Contest.
XY Media reserves the right to cancel, terminate or alter any Contest or the rules thereof at any time without prior notification.
Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of XY Media and its affiliates or licensors. As between XY Media and you, XY Media is the sole owner of all content on the Web Site. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
This Web Site is intended for adults, therefore, some of the available information may concern certain topics that may not be appropriate for children. XY Media will restrict subscribers to be 18 years and older. You agree to abide by this restrictions, and not to help anyone avoid this restrictions.
Limitation Of Liability
IN NO EVENT WILL XY MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF XY MEDIA OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES OR JURISDICTIONS, XY MEDIA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by XY Media, you agree to defend, indemnify and hold XY Media, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable lawyers’ fees, arising in any way from your use or misuse of the Web Site or Services, or any violation of these Terms and Conditions by you. XY Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with XY Media in asserting any available defense.
Copyrights And Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the DailyXY.com Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
• Your username, address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(Contact only for copyright matters. For all other inquiries, please contact us here.)
XY Media Ventures Limited
c/o Keyser Mason Ball
201 City Centre Drive, Suite 701
Mississauga, Ontario L5B 2T4
Attn: Ruben Goulart
Applicable Laws / Jurisdiction
You agree that the laws of the province of Ontario shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, provincial, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with XY Media or relating in any way to your use of the Web Site resides in the courts of the province of Ontario, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the province of Ontario, in connection with any such dispute and including any claim involving XY Media or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in Toronto, Ontario. We do not represent that materials on the site are appropriate or available for use outside of Toronto, Ontario. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to our contact form.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. XY Media may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, send us an email by clicking below.