Terms of Service
Welcome to the website and text of The Daily Text (The Daily Text”, "we", "us"). The Daily Text is a text-message based provider of straightforward, factual news. The Daily Text Text includes a daily digest of news stories along with a link to external content related to the subject matter of the Text. The Text is sent every weekday, excluding holidays, and we may from time to time send reminder messages about our referral incentive program.
The Daily Text service requires that Users have a valid cellphone number and carrier contract allowing the receipt of text messages for as long as Users choose to subscribe to and use The Daily Text (hereinafter the Texts, Site, and text may be collectively referred to as the "Service").
Message and data rates may apply.
3. What We Own
Unless otherwise noted, all material and services available on the Site or through the Text, and all material and services provided by or through the Service, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Content") are the intellectual property of The Daily Text, our licensors, and our contributors. The Content is protected by U.S. copyright, trademark, trade-dress, and any other applicable national or international intellectual property laws. All The Daily Text trademarks and service marks, logos, slogans and taglines are the property of The Daily Text. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on The Daily Text without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
4. Our License to You
Subject to this Agreement, The Daily Text hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Service through a user identification reference provided by The Daily Text ("User ID") to the extent, and only to the extent, necessary to access and use our Service in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Service or otherwise distribute in any way the components of the Service other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service, create derivative works based on or in any manner commercially exploit the Service, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Service for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
5. Use of the Service
We reserve the right to withdraw or amend this Site, our Text, and any Service or material we provide, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or our Text, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your user name, password, cell phone number, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
In order to stop receiving the Text, Users must text STOP, or equivalent keywords such as END, CANCEL, UNSUBSCRIBE, and QUIT.
Texting STOP or equivalent keywords does NOT unsubscribe Users from their subscription to The Daily Text (which grants access to not only the Text but also other services and content).
Users must use the following link to cancel their subscription to The Daily Text and no longer be charged: https://thedailytext.memberful.com/auth/sign_in.
6. Reliance on the Information Sent
The information sent via The Daily Text, or presented on or through the Site or our Text, is made available solely for general information purposes. We do not warrant the accuracy, completeness, usefulness, or safety of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the site, or by anyone who may be informed of any of its contents or the contents of the service.
7. Content You Provide to Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other Content uploaded, posted or stored in connection with your use of the The Daily Text. The Daily Text is not responsible for your Content. You hereby grant The Daily Text a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Service, and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Service. You are encouraged to archive your Content regularly and frequently.
8. Geographic Restrictions
We make no claims that the Site, Text, Service, or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and cell phone service provider rates and terms of service.
The Daily Text may, from time to time, offer referral incentives (“Referrals”), the terms of which are as follows:
A. Existing Users (the “Referring User”) will receive one free month of The Daily Text for every unique User they refer to the platform (a “Referred User”). A new User will be considered Referred User after their first payment, and payment credits will be applied to both the Referring User and the Referred User in the subsequent payment month.
B. Referral Period: Any Referral period The Daily Text establishes is subject to change.
D. Taxes: All federal, state and/or local income and other taxes, if any, are the Referring User or the Referred User’s sole responsibility and will not be paid by The Daily Text. It is the Referring User and the Referred User’s responsibility to ensure tax compliance and payment and The Daily Text is not responsible for any failure by and Users to pay applicable taxes.
E. No Transferability: No Referrals or any portion thereof is transferable or redeemable for cash.
10. Image and Video
The Daily Text may send or display images, audio, and video (the "Material") from time to time. The types of Material Users are authorized to access on the Site includes Material commissioned by The Daily Text, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
11. Copyright Notices
In accordance with the Digital Millennium Copyright Act ("DMCA"), The Daily Text will remove any Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.
If The Daily Text publishes Material that you think infringes your copyright, please email us at email@example.com and we will address your concerns.
If the Material falls into one of the categories listed above under Image and Video, we believe that our use is legitimate and we may not remove it from the site. If you have corresponded with The Daily Text directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication (by email to firstname.lastname@example.org with an attached and signed PDF that sets forth the items specified below. If we do not respond in10 business days, please write again - high email volume and spam means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
- For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
- Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone number.
- For images, provide the following detailing your claim to ownership of the copyright in the allegedly infringing image:
- Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the document and email it to email@example.com.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any Material on The Daily Text infringes your copyrights.
12. Accuracy of Information
While we strive for accuracy, information on the site may sometimes contain errors or inaccuracies. The Daily Text does not make any warranty as to the correctness or reliability of the site's content or any text messages we send out to Users.
13. Email Correspondence
Our Site will occasionally contain links to, and quotation of, Material from other sites. The Daily Text is responsible for neither the content nor the privacy practices of other sites. We encourage our users to be aware when they leave The Daily Text Site, and to read the privacy statements of any website that may collect personally identifiable information.
15. Information Security
No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Daily Text has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information.
16. Disclaimer and Limitation of Liability
Except as expressly set forth in these terms and conditions, you expressly understand and agree that the site, content, products and/or service on the site or elsewhere are provided "as is" and on an "as available" basis. to the fullest extent permitted by law and except as expressly set forth in these terms and conditions, The Daily Text disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Daily Text does not represent or warrant that the site will be uninterrupted or error-free, that any defects will be corrected, or that the site or the server that makes the site available are free from viruses or anything else harmful. further, except as expressly set forth in these terms and conditions, The Daily Text makes no warranties or representations about the accuracy, adequacy, usefulness, reliability, or completeness of the site, text messages, services, content, the content of any third-party site linked to or from this site, comments, information, information provided by us or our vendors, or any other items or materials on the site or linked to from the site.
The Daily Text assumes no liability or responsibility for (a) any, errors, mistakes or inaccuracies of the content, products, services, information, site and materials set forth on or made available through the site, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the site, products, services or any third party site(s), products or services, (c) any unauthorized access to or use of the servers that host the site or any third party site(s) and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the site or third party site(s), (e) any bugs, viruses, trojan horses or the like, which may be transmitted to or through the site or any third party site(s) by The Daily Text or any third party, and/or (f) any errors or omissions in the network or any content, information and materials (including but not limited to third party site(s)) or for any loss or damage of any kind incurred as a result of the use of any of the foregoing.
No person (including any agent, dealer or representative of The Daily Text) is authorized to make any representation or warranty concerning The Daily Text's site and services, and you acknowledge and agree that you have not relied on any other warranties or representations.
In no event shall The Daily Text or its subsidiaries, affiliates, agents, suppliers, vendors, manufacturers or distributors be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, including, without limitation, damages for loss of use, data, revenue or profits, business interruption, or loss of business opportunity or goodwill, arising from or in connection with (a) the use of, or inability to use, the site; (b) the provision of or failure to provide services, materials, content, or software available from, on or through the site or any third-party website(s); or (c) the conduct of other users of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if The Daily Text has been advised of the possibility of such damages. You assume complete responsibility for your use of the site. Your sole remedy against The Daily Text for dissatisfaction with the site or any content is to stop using the website. That said, if The Daily Text is found to be liable to you for any damage or loss arising out of or which is in any way connected with your use of the site, any content, or purchase of any products or services on or through the site, The Daily Text's liability shall not exceed $100.00 in the aggregate.
For any dispute you have with The Daily Text, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. If The Daily Text has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and The Daily Text agree otherwise, the arbitration will be conducted in the county where The Daily Text's U.S. headquarters are located. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. you agree that, by entering into these terms, you and The Daily Text are each waiving the right to a trial by jury or to participate in a class action.
These Terms of Service are effective unless and until terminated The Daily Text. The Daily Text may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the Site, for any reason in its sole discretion; however, the provisions in these Terms of Service that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Service.
19. Governing Law and Jurisdiction
These Terms of Service shall be construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of Delaware. The Daily Text's performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in this these Terms of Service is in derogation of The Daily Text's right to comply with law enforcement requests or requirements.
20. Entire Agreement
If any portion of these Terms of Service is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Service shall remain in full force and effect. The failure of The Daily Text to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
22. Changes to our Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Arbitration above will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
23. Notice of Changes and Use of Terms of Service
We may provide notice to you relating to the Site and/or these Terms of Service by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Service and/or the Site must commence within one (1) year after the cause of action arises. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
24 . When you opt-in to the service, we will send you an SMS or MMS message to confirm your signup.
25. You can stop receiving the Text at any time. Just text "STOP" . After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed from messages, but have NOT yet unsubscribed from your subscription. After this, you will no longer receive SMS or MMS messages from us. If you want to receive the Text again, you can simply reply “START” to the same thread.
In order to cancel your account (and no longer be charged), you can use this link: https://thedailytext.memberful.com/auth/sign_in.
26. If at any time you forget what keywords are supported, just text "HELP" . After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
27. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
28. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages on weekdays and we may periodically send you reminders about referral incentives. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to email@example.com.
29. Cancellation and refunds
In order to make changes to your account, cancel your account (and no longer be charged), or renew your account, you must use this link and the login credentials you created when signing up for the Service: https://thedailytext.memberful.com/auth/sign_in.
No refunds will be given for partial periods. In the event that you cancel your service before your subscription period expires, you will not be refunded any amount.
If you have any questions related to these Terms of Service or our Service, please email us at firstname.lastname@example.org.
Last Updated: January 20, 2020