Terms of service
May these terms change in the future?
Modifying these Terms in response to service changes may be necessary to improve our services. We reserve the right to modify the Terms at any time, and in the event of any such changes, we will notify you via a notice posted on the aioftheday.com website, an email, or other means.
If you disagree with the revised Terms, you can reject them. However, this would result in you being unable to use our services further. By using our services after the effective date of any changes to the Terms, you agree to accept all the changes made.
Apart from the changes we make in the aforementioned way, this amendment or modification to these Terms will only be effective if it is in writing and signed by both parties, i.e., you and us.
What are the General Rules of Using AI of the Day?
To use aioftheday.com, you will need to sign up for an account. When registering, you agree to provide us with accurate, complete, and up-to-date information about yourself. You may not use a name as your AI of the Day User ID, which is unauthorized, or the name of another person to impersonate them. You may not transfer your account to another person without our written permission.
By using our services, you must consent that you meet our age restrictions guidelines to enter into a binding agreement, or if not, that you have received permission from your parent or legal guardian to use the services and that they have agreed to these Terms on your behalf.
You agree to use the services solely for your personal and non-commercial use, not on behalf of a third party or for profits. You agree to use the services in a manner that complies with all applicable laws. If any applicable laws prohibit using the services, you are not authorized to use the services. We will not be held responsible for your unlawful use of the Services.
You are responsible for maintaining your account security and must not share them with anyone. You are liable for any activities that occur on your account.
The use of our services is subject to the following additional restrictions:
You must agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
· Infringes or violates anyone's intellectual property rights or any other rights, including those of AI of the Day.
· Violates any law or regulation, including any applicable export control laws.
· Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or objectionable.
· Jeopardizes the security of your account or anyone else's account, such as allowing someone else to log in to the services as you.
· Attempts to obtain any user's password, account details, or other security information.
· Bypass the security of any computer network or hack any passwords or security encryption codes.
· Runs Listserv, Mailist, auto-responder, or spam activities on the services, or any processes that run while you are logged out of the services or otherwise interfere with the working environment of the services, including placing excessive stress on the service's layered infrastructure.
· Scraps, Crawls, or Spider any page data relating to the services or content through automation or manual tools.
· Store or Copy a significant portion of the services.
· Decompiles, reverse engineers, or attempt to obtain the source code, underlying ideas, or information relating to the Services.
Any foregoing violation is grounds for terminating your right to use or access the services.
What are my rights?
As a user of AI of the Day, you have certain rights regarding the materials displayed, performed, or made available through the services. This right includes text, graphics, data, articles, photos, images, illustrations, and User Submissions, collectively referred to as "Content". You must respect the copyright laws, intellectual property, trademark rules, and other information and restrictions in the content.
You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any content not owned by you unless you have the prior consent of the owner or are otherwise authorized to do so under the law. You are also prohibited from using the content in a way that violates the rights of others, including AI of the Day.
It's important to note that AI of the Day owns the services. And as a user, you are not allowed to transfer, modify, reproduce, exploit, or publish any part of the services.
While the services may allow you to copy or download certain content, it's essential to remember that all the restrictions mentioned above still apply. In summary, you can access and use the available content through AI of the Day, but you must respect the owner's rights and follow all applicable laws and regulations.
Do I have to assign licenses to users or AI of the Day?
You may need to assign licenses to AI of the Day or other users for User Submissions you post, upload, share, store, or otherwise provide through the Services. By providing User Submissions, you transfer certain rights to translate, modify, reproduce, and display them to operate the services. The licenses assigned depend on the type of User Submission and how it is shared.
For Personal User Submissions, which are stored only in your personal AI of the Day account and not viewable by any other user, you assign us a license to display, perform, and distribute the User Submission solely to make it accessible to you and provide the necessary services.
For Limited Audience User Submissions, which are shared only with specified users, you assign the same licenses as for Personal User Submissions and a license for other specified users to access and use the User Submission as permitted by the services.
For Public User Submissions, shared publicly on the services or with a broader audience, you assign us the licenses to display, perform, and distribute the User Submission to make it accessible to all AI of the Day users and for any other purpose related to our business.
The licenses you assign are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. Deleting your AI of the Day account will stop displaying your User Submissions (except Public User Submissions) to other users. Still, your User Submissions may remain viewable elsewhere to the extent they were copied or stored by other users. Additionally, AI of the Day may need to make technical changes to your User Submissions to conform to the services requirements or other technical requirements. The licenses you assign include the rights to do so.
What to do if someone infringes the copyright?
If you come across content on AI of the Day that you believe infringes on your copyright, you can report it to us. We have a Copyright Dispute Policy in place, which you can review to learn more about the process. We take intellectual property rights seriously and will investigate any alleged infringement. As an online service provider, we may be required to remove material alleged infringing under the Digital Millennium Copyright Act (DMCA). If we determine that content does infringe on your copyright, we may delete or disable it and terminate the account of repeat infringers. You can learn more about the DMCA by following the provided link.
Who is responsible for actions on these Services?
You are responsible for your actions and the content you contribute to the services, and you assume all risks associated with using the services. We are not liable for any errors or omissions in the content posted on the services or for any damages you may suffer from using the services.
We are not responsible for the identity or actions of other users of the services or for any third-party websites or services you may access. Your interactions with third parties found on or through the services are solely between you and those parties, and we are not responsible for any disputes that may occur between you and others.
If you have a dispute with another user or a third party, we are not obligated to become involved. You release us from any claims, demands, or damages related to such disputes using the services. If you are a resident of California state. In that case, you must waive California Civil Code Section 1542, which says that the standard release does not extend to claims the provider does not know about or suspect when executing the release.
You are responsible for keeping your registration information accurate and using the services under our terms and conditions. You are also responsible for any activity connected to your account.
What are the Terms of Sale?
What else do I need to know?
The text you provided is the Terms of Service for the AI of the Day website. It includes a disclaimer of warranties and limitation of liability, which states that the website and its contents are provided "as is" and without any warranty and that the website and its owners will not be liable for any damages that occur from the use of the website or its contents. The Terms of Service also include an indemnification clause, which states that the user will be responsible for any claims, liabilities, or expenses from using the website. Additionally, the Terms of Service state that any disputes arising from using the website will be governed by California's laws and settled through arbitration. Finally, the Terms of service state that the agreement is an exclusive and complete statement of the mutual understanding between the user and AI of the Day and that it supersedes all previous agreements.
At times, AI of the Day (referred to as "the Company", "us" or "we") allows certain users, also known as Merchants on our website, aioftheday.com, to provide opportunities for you to purchase or license goods and services such as software and apps, (collectively referred to as "Products") or participate in available programs, including Offers, that may provide discounts or other benefits. Additionally, some Merchants may pay us to feature their Offers in our NewsLetter or promote their Products or Services on the website, which may include preferential placement or other forms of advertising. By purchasing any Product or Service or participating in any available program described on the website or offered through our newsletter, you agree to the following Sales Terms.
Please note that the company is not the provider or seller of any Products or Services. Instead, the company provides a platform through which users and Merchants can describe or offer their Products or Services. When you decide to purchase any Products or Services featured on the website or in our newsletter, whether, in connection with any Offer or not, you will be entering into a direct contract with the merchant. Any claim you may have regarding pricing, quality, defects, or negligence, among other things, is solely between you and the merchant. The company does not provide a guarantee or validate any aspect of the transaction, including any Products or Services. Additionally, the pricing of Products, Services, and other available programs may change at any time in the Company's or the Merchant's sole discretion without prior notice.
The merchants, users, or other third-party references provide descriptions of the Merchant Offerings and Products on the website. The company does not investigate or vet Merchants, nor does it validate any statement made by a Merchant about their Products or Services. The company is not responsible for any claims associated with the description of the Merchant Offerings or Products, even if one or more Company employees reviewed the Product, Service, or Merchant.
Please note that a Merchant may advertise goods, services, or experiences on the Site that require an up-to-date regulatory authorization, license, or certification. The company does not verify, validate, or collect evidence of any regulatory authorization, license, or certification from any Merchant, including, without limitation, Health & Fitness and Beauty & Spa Merchants. You should conduct whatever investigation you deem necessary or appropriate before purchasing any Product or Service to ensure that the merchant is qualified to provide the advertised good or perform the advertised service or that the Product is of the required care and quality. The merchant is solely responsible for the care and quality of the goods and services provided or the Products and Services.
The company does not guarantee that it offers the best available rates or prices and does not guarantee against pricing errors.
Please note that the company is not responsible for processing any refunds under any circumstances. Your sole remedy for a problem with any good or service is with the relevant merchant.
The merchant is solely responsible for the care and quality of all goods and services provided to you.
This legal disclaimer states that website users cannot purchase products or services directly from the website but must do so directly from the merchant's website. The merchant will specify the terms and conditions for shipping, delivery, and returns, and charges for delivery and sales taxes will be added at checkout. The company will not be liable for any harm caused by the acts or omissions of independent contractors, merchants, employees, or agents.
What Are Cookies?
Cookies are small data files that are placed on your device when you use our Services. They are used to remember your preferences, provide personalized content, and help us understand how you use our Services. We use both session cookies (which expire when you close your browser) and persistent cookies (which remain on your device until they expire or you delete them).
- Remember your preferences, such as your language and region.
- Authenticate your identity and prevent unauthorized access to your account.
- Provide personalized content and recommendations.
- Analyze how you use our Services and improve their performance.
- Serve targeted advertisements and track the effectiveness of our marketing campaigns.
We use third-party cookies from service providers, such as Google Analytics, to help us analyze how you use our Services and improve their performance. These service providers may use their own cookies and similar technologies to collect information about your online activities across different websites and services.
You have certain choices about how cookies are used on our Services, including:
- You can disable cookies in your browser settings, although some features of our Services may not function properly.
- You can opt-out of targeted advertising from certain third-party service providers by visiting the Digital Advertising Alliance's opt-out page or the Network Advertising Initiative's opt-out page.