Terms of Use

By accessing or using our Services, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”) and our Privacy Policy (the “Privacy Policy”). The terms “we,” “us,” or “our” mean DailyRecall.com, a division of Green, LLC, and its domestic legal subsidiaries and affiliates. The term “Services,” means, collectively, various websites, applications, widgets, email Notifications and other mediums, or portions of such mediums, through which you have Accessed this Agreement. 1. Introduction 1.1 These terms and conditions shall govern your use of our website. 1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. 1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions. 1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. 1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy. 1.6 Our Services are Not Intended for Minors 1.7 Our Services are intended to be accessed and used only by adults and are not directed to minors. As stated in our Privacy Policy, we do not knowingly collect Personally identifiable information by anyone under the age of 13 and you should Not provide us with any information regarding any individual under the age of 13. 2. Copyright notice 2.1 Copyright of DailyRecall.com, a division of Green, LLC. 2.2 Subject to the express provisions of these terms and conditions: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and the material on our website are reserved. (b) All the copyright and other intellectual property rights in our website and 3. Licence to use website 3.1 You may: (a) View pages from our website in a web browser; (b) Download pages from our website for caching in a web browser; (c) Print pages from our website; (d) Stream audio and video files from our website; and (e) Use (our website services) by means of a web browser, Subject to the other provisions of these terms and conditions. 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer. 3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes. 3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website. 3.5 Unless you own or control the relevant rights in the material, you must not: (a) Republish material from our website (including republication on another (b) Sell, rent or sub-license material from our website; (c) Show any material from our website in public; (d) Exploit material from our website for a commercial purpose; or (e) Redistribute material from our website. 3.6 Notwithstanding Section 3.5, you may redistribute [our newsletter] in print and electronic form to any person. 3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website. 4. Acceptable use 4.1 You must not: website); (a) Use our website in any way or take any action that causes, or may cause, (b) Use our website in any way that is unlawful, illegal, fraudulent or (c) use our website to copy, store, host, transmit, send, use, publish or (d) Conduct any systematic or automated data collection activities (including damage to the website or impairment of the performance, availability or accessibility of the website; harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; other automated means; (e) Access or otherwise interact with our website using any robot, spider or (f) Violate the directives set out in the robots.txt file for our website; or (g) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing. 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities. 4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non- misleading. 5. Registration and accounts 5.1 To be eligible for an individual account on our website under this Section 5, you must be at least 18 years of age. 5.2 You may register for an account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you. 5.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account. 5.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so. 6. User IDs and passwords 6.1 If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password. 6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person. 6.3 You must keep your password confidential. 6.4 You must notify us in writing immediately if you become aware of any disclosure of your password. 6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. 7. Fees and Payments 7.1 Access and use of our Services is free. At any time, we may choose to charge fees for various premium features and services, and we will notify you of those charges at the time that we offer features and services for a fee. 7.2 We may, in our sole discretion, and by notifying you on our Services, change this policy and begin charging for access to our Services and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount and type of fees) we charge at any time. 7.3. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or changes to fees for an existing service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. 8. Public Forums 8.1 Our Services may act as a venue, through blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the users to contribute information and make statements (“User Generated Content”). 8.2 We are not involved in the actual transmission of User Generated Content provided for in the Forums. As a result, we do not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by you or any other person or entity in the Forums. 8.3 You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. 8.4 Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Forums, we reserve the right (but not the obligation) to remove or edit any User Generated Content in the Forums. 9. Cancellation and suspension of account 9.1 We may: (a) Suspend your account (b) Cancel your account; and/or (c) Edit your account details, At any time in our sole discretion without notice or explanation. 9.2 You may cancel your account on our website using your account control panel on the website. 10. Your content: licence 10.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website. 10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website. 10.3 You grant to us the right to sub-license the rights licensed under Section 10.2. 10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2. 10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. 10.6 You may edit your content to the extent permitted using the editing functionality made available on our website. 10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content. 11. Your content: rules 11.1 You warrant and represent that your content will comply with these terms and conditions. 11.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law. 11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not: (a) Be libellous or maliciously false; (b) Be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, (d) Infringe any right of confidence, right of privacy or right under data (e) Constitute negligent advice or contain any negligent statement; (f) Constitute an incitement to commit a crime, instructions for the (g) Be in contempt of any court, or in breach of any court order; (h) Be in breach of racial or religious hatred or discrimination legislation; (I) be blasphemous; (j) Be in breach of official secrets legislation; (k) Be in breach of any contractual obligation owed to any person; (l) Depict violence, in an explicit, graphic or gratuitous manner (m) Be pornographic, lewd, suggestive or sexually explicit (n) Be untrue, false, inaccurate or misleading (o) consist of or contain any instructions, advice or other information which design right, right in passing off, or other intellectual property right; protection legislation; commission of a crime or the promotion of criminal activity may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) Constitute spam (q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti- (r) Cause annoyance, inconvenience or needless anxiety to any person. social, menacing, hateful, discriminatory or inflammatory; or Copyright Infringement The 1998 enactment of the Digital Millennium Copyright Act (DMCA) represents the most comprehensive reform of United States copyright law in a generation. The DMCA seeks to update U.S. copyright law. Most of the keys among the topics included in the DMCA are important provisions that concern the eligibility of copyright protection systems, fair use in a digital environment, and online service provider (OSP) liability. The policy of (“DailyRecall.com”) is to respect the intellectual property of others and thus to swiftly respond to all the effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for DailyRecall.com or where (ii) DailyRecall.com, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a site that contains the copyrighted material. If you are alleging that copyrighted material may have been or is being infringed, then you may notify DailyRecall.com or, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective: A physical or electronic signature of a person authorized to act on behalf of the owner of the 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 site are covered by a single notification, a representative list of such works at that site; 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 DailyRecall.com to locate the material; Information reasonably sufficient to permit DailyRecall.com to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; A statement that you have 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; and A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Counter Notices If the material that you have posted to a system or network controlled or operated by or for DailyRecall.com has been removed or disabled, you are always free to file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following: The physical or electronic signature of the subscriber; The Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which DailyRecall.com may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c) (1) (C) or an agent of such person. 12. Limited warranties 12.1 We do not warrant or represent: (a) The completeness or accuracy of the information published on our (b) That the material on the website is up to date; or (c) That the website or any service on the website will remain available. 12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website. 12.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website. 13. Limitations and exclusions of liability 13.1 Nothing in these terms and conditions will: (a) Limit or exclude any liability for death or personal injury resulting from (b) Limit or exclude any liability for fraud or fraudulent misrepresentation; website; negligence; (c) Limit any liabilities in any way that is not permitted under applicable (d) Exclude any liabilities that may not be excluded under applicable law. 13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions: (a) Are subject to Section 13.1; and (b) Govern all liabilities arising under these terms and conditions or relating law; or to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. 13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature. 13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. 13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software. 13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage. 13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees). 14. Breaches of these terms and conditions 14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: (a) Send you one or more formal warnings; (b) Temporarily suspend your access to our website; (c) Permanently prohibit you from accessing our website; (d) Block computers using your IP address from accessing our website; (e) Contact any or all your internet service providers and request that they (f) Commence legal action against you, whether for breach of contract or (g) Suspend or delete your account on our website. 14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account). 15. Variation 15.1 We may revise these terms and conditions from time to time. 15.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website. 15.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website. 16. Assignment 16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 17. Severability 17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. block your access to our website; otherwise; and/or 18. Third party rights 18.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party. 18.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party. 19. Entire agreement 19.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website. 20. Law and jurisdiction 20.1 These terms and conditions shall be governed by and construed in accordance with United State of America law. 20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of USA. 21. Legal Disputes You and we agree that any claim or dispute at law or equity that has arisen or May arise between us relating in any way to or arising out of this or previous Versions of this Agreement, your use of or access to the Services will be resolve in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a Substantial impact on how claims you and we have against each other are Resolved. For More Inquiries, contact us below: You can contact us by writing to the business address given below, by using our website contact form, or by email to [email protected]. This website is owned and operated by Green, LLC, a Puerto Rico Limited Liability Company. Gallery Plaza, 103 Ave de Diego, San Juan, PR Last updated: April 21, 2015