DailyPlaylists’ Terms of Service (the“Agreement”) is entered into by and between Outpost Partners Holding Inc a Delaware corporation (“DailyPlaylists, “Company, “We”, “Us, “Our”) and you (the “User”).
We operate the website www.dailyplaylists.com (the “Site”) as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, audience and playlists (Service)
You can contact us via email at info@dailyplaylists.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Outpost Partners Holding IncInc, concerning your access and use of the services. You agree that by accessing the Services, you have read, understood and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by info@dailyplaylists.com , as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
DailyPlaylists is a music promotion internet-accessible platform (the “Platform”) that allows Users to submit music to curators to review (for musicians) and manage playlist and submissions (curator). The Platform utilizes proprietary technology to deliver campaigns from artists to curators, giving our Users access to a tools and mechanics to market their brands and grow their audience and playlists (Service)
If you want to use certain features of the Services, you may need to register with Spotify to create a Spotify account (“Spotify Account”) and then register with us to create a DailyPlaylist account (“Account”). As part of this process we access some information from your Spotify Account, as applicable, including certain personal information, such as your name, location information and other general information that your privacy settings on the applicable Spotify Account permit us to access.
You can remove your User Content by specifically deleting it using the features of the Services. We will permanently delete all information, content, and end-user data associated with your account. However, in very few instances, some DailyPlaylists Service Data may not be able to be removed. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content or End User Data. Please contact us at Info@dailyplaylists.com for any clarification or requests associated with your data. You may also see our Privacy Policy for more insight in the kind of data DailyPlaylists stores and shares.
2. Privacy Policy
We collect personal information about you when you register for an account, create or modify your profile, set preferences, and sign-up for our Services. For example, for us to communicate with you, you are asked to provide us personal information that will be used to identify you such as your email address. The exact personal data we will collect depends on the type of service plan you sign up for and whether or not you use a third party service (such as Spotify) to sign up and use our Services.
We collect information about your activity using our Services, which we use to allow playlist creators to gain information about your track and accept/reject it. The activity information may include music/tracks you search for and listen to, user location, username, social pages linked on Spotify, user subscription type on Spotify, number of Spotify followers, artists you follow.
Privacy Policy & Data Usage
Please refer to our full Privacy Policy for information on how we collect, use and disclose information from our users.
As used in these Terms, “End User” means a user or potential user of your products or services, and “End User Data” means the data about your End Users (including any End User personally identifiable information) that you input or submit to the Services directly or via providing us with access to your Third Party Accounts. As a Registered User, you can use the marketing platform features of the Services (“Marketing Service”) to generate landing pages containing your User Content (each a “Landing Page”) to engage your target audience and capture information via social networking services such as Facebook, Twitter, Spotify, etc. (each, an SNS). You are responsible for your use of the Marketing Service.
Access to your End User Data. In order for us to retrieve your End User Data from your Third Party Account, you agree to provide us with the requisite security permissions, software interfaces to your business applications on such Third Party Accounts and any other information requested by us. We are not responsible or liable for any Third Party Accounts or any products or services (including End User Data) accessed from such Third Party Accounts on your behalf. You will indemnify us from any liability arising from accessing any End User Data from any of your Third Party Accounts.
You are the Controller of End User Data. You (and not Daily Playlist) determine what End User Data (including any personally identifiable information) is received and stored by Daily Playlist via your use of the Services. You agree to publish and abide by an appropriate privacy policy that is compliant with the applicable laws (including privacy and data security laws applicable to you) and that adequately describes the collection, use and sharing of End User Data by you and your use of third party service providers like DailyPlaylists. You further agree to comply with all laws applicable to your information collection, use and sharing practices including relating to your use of the Marketing Service, Messaging Service and Advertising Service, and if required by applicable laws you agree to obtain any appropriate consents from End Users in this regard.
Users can create Contest Landing Page to engage their audience. Please refer to our feature pages for more information on each type of Landing Page here. For each Landing Page, you will need to enter information regarding your product, offer, or content along with other selections within the Marketing Service to generate your Landing Page.
Consumers will be able to engage and interact with your Landing Pages and DailyPlaylists will collect certain personally identifiable information (“PII”) from these Consumers in connection with such engagement and interaction and will share this PII with you, the Registered User who created the Landing Pages. You agree that you will only use this PII as described in our Privacy Policy and that you will only interact with those Consumers who have agreed and consented to such interaction with you.
We receive information about you when you or your administrator integrate or link a third-party service with our Services as follows. (i) If you create an account or log into the Services using your Spotify credentials, we may receive your name and email address as permitted by your Spotify profile settings in order to authenticate you. (ii) You or your administrator may also integrate our Services with other service providers you use, such as to allow you to access, store, share and edit certain content from a third-party through our Services. (iii) You may authorize our Services to access, display and store files from a third-party document-sharing service within the Services interface. (iv) You may authorize our Services to sync a playlist so that you can easily connect with our Services. (v) You may authorize our Services to access, display and modify data from a third-party email service provider such as Mailchimp within the Services interface. The information we receive when you link or integrate our Services with a third-party service depends on the settings, permissions and privacy policy controlled by that third-party service. You should always check the privacy settings and notices in these third-party services to understand what data may be disclosed to us or shared with our Services.
3.1. Users have the option to engage in one of the membership plans offered by DailyPlaylists, known as "Subscriptions," or alternatively, they may choose to make periodic acquisitions of "Credits" or credit packages. The delivery of these services shall occur upon the successful completion of payment processing.
It is important to note that DailyPlaylists retains the authority to modify the pricing structures related to both subscription and credit plans without necessitating prior approval from users. Nonetheless, users possess the right to terminate their subscription anytime under the termination clause (7).
3.2. Standard and Premium Credits
Credits (either Premium or Standard credits) allow the User to perform and participate in DailyPlaylists’ products and tools. The effective date of Credit purchases will occur when the User proceeds with the payment. Confirmation of payment will be sent when the payment is processed.
3.2.1. Standard credits allow users to send submissions directly to playlists, standard credits do not guarantee any feedback or response. Every user receives 20 standard credits in their credit balance every week. There is also the possibility of purchasing standard credits in packs. (Pricing of the credits is available here https://dailyplaylists.com/wallet/ )
3.2.2. Premium credits allow users to send submissions directly to curators. Premium credits guarantee feedback, a response or the Premium credit is returned to the user in the case that the curator does not respond to the submission within 7 days of submission. Premium credits can only be purchased through the platform. (Pricing of the credits is available here https://dailyplaylists.com/wallet/)
3.2.2.1. From every Premium submission using Premium credits with a “valid response”, 60% of the cost of the Premium submission goes directly to the Premium curator and 40% to the platform in fees.
3.2.2.2. Premium Curators have different tiers that impact the costs of the Premium Submission. E.g. to submit to a higher ranked Premium Curator more than 1 Premium credit could be needed.
3.2.3. DailyPlaylists owns the right to remove any Premium credits for accounts that did not use those Premium credits within 12 months since purchase.
3.3. Subscriptions and Add-ons
Subscriptions are confirming a recurring payment which gives the User access to specific tools and features. DailyPlaylists Subscriptions include the tools and features in our ‘Pro’ and ‘Pro Plus’ Subscription plans. Among this, the User can purchase “add ons” attached to their subscription, that will improve the features and/or tools included in their plan. The Subscription(s) can be paid annually or monthly. The effective date of each Subscription will be the day and time the User purchased and obtained confirmation from the Service that such purchase was successful via email. Subject to the terms of this Agreement, at that time DailyPlaylists will activate and deliver the services in accordance to the terms of this Agreement. (Pricing of the subscription is available here dailyplaylists.com/pro/)
3.3.1 5 Extra Standard Credits per Month ‘Add On’
a. By subscribing to this add-on, you will receive an additional 5 Standard Credits each month upon renewal of your subscription.
b. The Standard Credits can be used to access certain features or services on the Platform, as determined by www.dailyplaylists.com.
c. The 5 Extra Standard Credits will be credited to your account automatically upon successful renewal of your subscription.
d. Unused Standard Credits do carry over to the next month
3.3.2 5 Extra Smart Submission Placements ‘Add On’
a. By subscribing to this add-on, you will receive 5 additional Smart Submission placements each month upon renewal of your subscription.
b. Smart Submission placements refer to the ability to submit your content or recommendations to the Platform's curated playlists or promotional channels.
c. The 5 Extra Smart Submission placements will be credited to your account automatically upon successful renewal of your subscription.
d. Unused Smart Submission placements do carry over to the next month as long as the principal Pro Subscription remains active. To avoidance of doubt, without an active Pro subscription, you will not have access to the Smart Submission tool. The User is responsible for the cancellation of the ‘add on’ subscriptions, all subscriptions and ‘add ons’ are independent products which the User manages individually.
3.3.3 10 Premium Credits ‘Add on’
a. By subscribing to this add-on, you will receive 10 Premium Credits each month upon renewal of your subscription.
b. The Premium Credits provide enhanced access to exclusive features or services on the Platform, which may include priority placement, advanced analytics, or other premium benefits.
c. The 10 Premium Credits will be credited to your account automatically upon successful renewal of your subscription.
d. Unused Premium Credits do carry over to the next month
3.4. Premium Curators / Payouts
Every time that a Premium Curator answers a Premium submission it counts as a valid response (give legitimate feedback or accept), hence the platform will add one valid response to the balance. Premium Curators can convert those valid responses into U.S.D $ ($1.20 per Premium credit spent in the submission).
3.4.1. Premium Curators can only convert into U.S.D $ if their response balance is equal or greater than the equivalent of $20. The cost of payout (fees, commissions…) will be paid or deducted from the payout amount of the Premium Curator. DailyPlaylists is not responsible for any liability or tax implications for the Premium Curator. Premium Curators confirm that they are liable for providing accurate payout information and requesting payouts. For any information regarding payouts, please contact curators@dailyplaylists.com
3.4.2. Please note that if your Premium curator account or any user account is inactive for a six-month period ( you have not signed into your Account, you have not made any submissions, you have not purchased any Premium credits, or you have not received any Funds during that time, etc.), the Company may deem your Account inactive. If your Account is inactive after a twelve-month period, your Account balance may be charged an inactivity fee. Company may, but has no obligation to, give you prior notice of the imposition of any inactive fee.
3.4.2.1. Balance earned from valid responses will generally appear in your Premium Curator Settings balance. The Company may from time to time and at its own discretion add or remove additional products and tools in which you can earn funds. Balance earned over these new products and tools will have the same conditions applicable as funds earned by responding to Premium Submissions. The Company reserves the right to add additional conditions on funds earned in the aforementioned ways.
3.4.3 Some Premium Curators will qualify for an extra payment, which will result in an extra payout per credit from 2.5% to 5%, depending on their activity around answering Standard Submissions in a month (counting from first day of the month till last day of the month)
There will be 3 kinds of payouts:
This extra payout will be only active during the month where the curator answered the Standard Submissions and this status will be reset to Bronze on the 1st day of the following month, even if the curator did not claim while attaining Silver or Gold status the previous month.
For avoidance of doubt, the status of payout DailyPlaylists will consider will be the revenue status of the payout request date.
4. Artist Representation.
Should the User be an advertising agency, label, promoter or other entity representing the Artist as defined in Section 3.1, including when purchasing services (Credits or Subscriptions) of DailyPlaylists on behalf of the Artist, this Section 3 shall apply to the User.
4.1. “Artist” means the individual, band, or other entity on whose behalf the User is using the Service and they are the rightful owner of any rights in the content provided by User.
4.2. User represents, warrants and covenants that
4.2.1. it is the authorized representative (e.g. label, promoter, distributor) of the Artist and it has the legal authority to enter into this Agreement and purchase Services on behalf of the Artist, make all decisions, and carry out all actions relating to the Artist’s accounts on the Service;
4.2.2. it has or will enter into an agreement with the Artist;
4.2.2.1. that obtains Agency Right (the right to represent the artists);
4.2.2.2. that binds the Artist to terms as protective of DailyPlaylists as is this Agreement and;
4.2.2.3. to which DailyPlaylists is an intended third party beneficiary with respect to User campaigns delivered on the Service
4.2.3. it will not, without DailyPlaylists prior written consent:
4.2.3.1. make any commitments to an Artist beyond DailyPlaylists obligations under this Agreement
4.2.3.2. negotiate any terms or conditions related to the Service which are inconsistent with this Agreement
4.3. If the User’s relationship or representative agreement with an Artist terminates, the User agrees that DailyPlaylists may contract directly with such Artist to allow them to continue to purchase Services on the Platform and obtain information related to the Artist on its behalf, including account and performance history, and that User shall no longer have access to such Artist’s account.
4.4. Without limiting any other provision of this Agreement, any acts or omissions by any User in violation of this Agreement shall be deemed a breach of this Agreement by User, and User will indemnify, defend, and hold Dailyplaylists harmless from and against all damages, liabilities, costs, and expenses that DailyPlaylists may incur as the result of such violation.
5.1. User acknowledges that DailyPlaylists users may use, place tracks in playlists, write reviews, comment and process content User uploads or makes available via the Service for purposes other than User anticipated. User understands and agrees that such use constitutes user-generated content for which neither DailyPlaylists nor its affiliates bear any responsibility. User agrees that neither DailyPlaylists nor its affiliates are liable for any claims or losses based on or arising from any user-generated content, including user-generated content that makes use of User’s content, whether on the Platform or beyond.
5.2. DailyPlaylists does not guarantee the reach or performance that User campaigns will receive, such as;
5.2.1. the number of people who will review the User’s music;
5.2.2. the number of streams the song will obtain;
5.2.3. or that content User uploads or makes available via the Service will reach the desired objectives.
5.3. DailyPlaylists cannot control how many reviews are generated on User campaigns. DailyPlaylists has systems in place that attempt to detect and filter certain review activity, but DailyPlaylists is not responsible for review fraud, technological issues, or other potentially invalid review activity that may affect the running campaigns.
5.4. DailyPlaylists do not guarantee perfect delivery. If DailyPlaylists fail to deliver a campaign in accordance with the terms of this Agreement, User’s sole and exclusive remedy shall be limited which DailyPlaylists may determine in its sole discretion. DailyPlaylists will have no obligation to continue to deliver any results to the User after the term of the campaign has ended if the campaign has been terminated by reason of User’s breach pursuant to this Agreement. DailyPlaylists will not be required to remedy any deliverables due to delays caused by the User.
6. Charges, Payments and Reporting
6.1. If the User elects to pay with a credit card, other payment card, or alternative payment method made available within the Service, User authorizes DailyPlaylists or DailyPlaylists’ third-party payment processor to charge that payment method for the applicable charges at DailyPlaylists convenienceDailyPlaylists or its third-party payment processor may run one or more payment authorization checks before the payment method is charged. DailyPlaylists may update User’s payment information from time to time using a payment card updater. User authorizes both DailyPlaylists or its third-party payment processor to store User’s payment information, and, if needed, to continue billing the payment method until the order for the purchased campaign has been fulfilled.
6.2. Any Charges paid are non-refundable. However, if DailyPlaylists cancels the services, at its sole discretion, DailyPlaylists will issue a full or partial refund of payments that were already made. Refunds may take a number of business days to appear in the User's account. User agrees that the above refund constitutes User’s sole and exclusive remedy, and User is responsible for, and User’s payment method may be charged for, all fees associated with purchases already processed before cancellation.
6.3. For automatically renewing Subscriptions, User will be billed following submission of User’s order as well as in advance of each renewal period unless User cancels before the next Subscription or campaign period begins. DailyPlaylists will notify User in advance of any price changes that will take effect at the beginning of the next Subscription period. To the extent permitted by Applicable Law and in line with the authorization User gave DailyPlaylists when User submitted an order, User is deemed to accept the then-current price if User does not cancel the Subscription via the Service in accordance with the cancellation policy then in effect. If User cancels a Subscription, User will not be refunded any amounts already paid to DailyPlaylists for that Subscription period. User will be able to continue the order through the end of the Subscription period. If DailyPlaylists discontinue the Service for which User has selected a Subscription, DailyPlaylists will not bill the User at the beginning of the next Subscription period.
6.4. Invoiced amounts and all other amounts payable by User to DailyPlaylists are exclusive of any applicable tax, duty, levy, or other governmental charge, including but not limited to sales, use, value-added, withholding, and excise taxes (“Taxes”). User is responsible for payment of all Taxes to the proper taxing or governmental authority. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum. If User’s payment method fails, DailyPlaylists may collect past due amounts using other collection mechanisms, and User agrees to pay all expenses associated with such collection, including reasonable attorneys’ fees. If User pays any amounts due with a credit card and the issuer of the credit card seeks to recover from DailyPlaylists any amounts received by DailyPlaylists from the issuer, User will immediately remit to DailyPlaylists all amounts necessary to comply with the issuer's request and any costs and expenses incurred by DailyPlaylists in connection therewith.
6.5. DailyPlaylists will make available to User the campaign performance figures obtained where the campaign is being delivered. User understands and agrees that the reported performance is for User’s convenience only and not for any other purpose, and DailyPlaylists makes no representation or warranty as to the accuracy of, and will not be bound by any information furnished in any performance.
6.6. To avoid doubt, every user can cancel the renewal of their subscription at their own discretion. The user can do this via the account page, selecting the ‘General Settings’ tab and accessing ‘manage subscription’. Cancellations will take effect for the next billing cycle following the cancellation.
Either party may terminate this Agreement via the DailyPlaylists “Settings page” or at any time upon 10 days written notice to the other party regardless of if the other party regardless of a material breach this Agreement. In addition, DailyPlaylists may suspend delivery of User campaigns under any and all orders immediately upon written notice to User in the event of any failure by User to make any payment hereunder when due and, if DailyPlaylists elects to suspend delivery of any User campaigns, the end date specified in the applicable campaign purchase will be extended by a number of days equal to the period of suspension. Sections 4.4 (Additional Liability), 5.2 (Campaign Performance), 5.3 (Failure to Deliver and Makegoods/Remedies), 6 (Payments and Reporting), 7 (Termination), 9.4 (Persistence), 10 (Confidentiality), 11 (Representations and Indemnification), 12 (Limitation of Liability), 14 (Disputes) and 16 (General) of these Terms and Conditions, together with any accrued but unpaid payment obligations of either party, will survive any expiration or termination of this Agreement.
8.1. User acknowledges and agrees that DailyPlaylists is the owner of the Service, and will be responsible for the design, layout, and maintenance of any and all aspects of the Service, including with respect to the display and performance of any User campaigns. DailyPlaylists may, in its sole discretion, add channels, delete or replace campaign features or other areas on which User campaigns will be displayed, even if such redesign, deletion or replacement results in the removal of User campaigns.
8.2. DailyPlaylists may, in its sole discretion, reject or remove any User campaigns at any time, with or without notice, which
8.2.1. violates this Agreement, the content restrictions or any other provision of the DailyPlaylists’ Terms of Service or;
8.2.2. which DailyPlaylists otherwise determines to be inappropriate for any reason in its sole discretion, whether or not such User campaigns were previously accepted.
In such an event, DailyPlaylists may notify the User of the reasons for such removal or rejection, and User may re-submit a User campaign that addresses the issues specified by DailyPlaylists.
9.1. User hereby grants DailyPlaylists (and its affiliates) a worldwide, non-exclusive, royalty-free, fully-paid licence to
9.1.2. use, reproduce, perform, display, make available and distribute content and any related information provided by User in connection with, on and through the Service (“User Materials”) and; 9.1.3. alter, modify, repurpose or create derivative works of User Materials as necessary or desirable in order to serve campaigns,newsfeed content or other content on the Service. User Materials includes any copyright protected works, and any trademarks, service marks, logos or other source of business identifiers included therein (“Trademarks”).
Except as otherwise expressly set forth in this Agreement, the licences granted under this Section 8.1 shall be for the period of the applicable campaign.
9.2. During and after the term of this Agreement, DailyPlaylists may use User Campaigns, name and logo, and may reference the type of campaign and dates for the campaign delivered on behalf of the User, in a factual and non-disparaging manner, for promotional or marketing purposes. In addition, DailyPlaylists may use performance data to discuss the results related to any campaign Optimization. DailyPlaylists may also reference any information publicly available about the User on or off the Service.
9.3. As between DailyPlaylists and User, User retains all rights in and to any User Campaigns (including all User Trademarks and all other related intellectual property rights embodied therein), and, upon the termination of this Agreement, all rights conveyed to DailyPlaylists hereunder with respect to User campaigns will cease and all such rights will revert to User, except as otherwise provided herein.
9.4. Notwithstanding anything to the contrary in this Agreement, User acknowledges and agrees that User campaigns and other Trademarks that are used or displayed on the Service may continue to be used and displayed on the Service, even after User has completed the ad campaign or terminated this Agreement or the applicable order, as such User campaigns or Trademarks may have been incorporated into user profiles, news feeds or other features, and that such usage and display may continue indefinitely.
10.1. “Confidential Information” means information disclosed by one party (“Discloser”) whether verbally, in writing or otherwise to the other party (“Recipient”) that has been designated as confidential or that, given the nature of the information and/or the circumstances surrounding its disclosure, should reasonably be considered confidential. Without limiting the foregoing, Confidential Information of DailyPlaylists shall include all DailyPlaylists technical specifications, Contact Information and information relating to Deliverables, and DailyPlaylists products. Recipient shall maintain in confidence Confidential Information and not disclose Confidential Information to any third party (other than its employees, agents or contractors who have a need to know and who have agreed in writing to obligations as protective of Confidential Information as set forth herein), or use or accumulate such Confidential Information for any purpose other than performance of this Agreement, without Discloser’s prior written consent. For the avoidance of doubt, the terms of this Agreement will be deemed Confidential Information of both parties. Notwithstanding the foregoing
10.1.1. the foregoing restrictions will not apply as to any information that was in the Recipient’s possession prior to disclosure thereof by the Disclosure, that is or subsequently becomes available to the general public other than through a breach by Recipient, or that is independently developed by Recipient without reference to Confidential Information;
10.1.2. and the Recipient will be permitted to disclose Confidential Information to the extent required by applicable law, regulation or legal process, provided that it provides prompt written notice to the Disclosure of any such disclosure and provides reasonable cooperation to the Disclosure in connection with any attempt to contest or limit such disclosure.
10.2. Recipient agrees and acknowledges that any breach of this Section 9 will cause irreparable harm to the Disclosure for which monetary damages will be inadequate. Accordingly, the harmed Disclosure will be entitled to seek and, if granted, obtain and enforce injunctive or other equitable relief (in addition to any other remedies available to it) to remedy any threatened or actual breach of Section 9 by Recipient without the necessity of posting any bond or proving any harm or damages. Also, Recipient agrees promptly to make aware the Disclosure in writing of any unauthorized misappropriation, disclosure or use by any person of the Confidential Information which may come to its attention and to take all steps at its own expense reasonably requested by the Disclosure to limit, stop or otherwise remedy such misappropriation, disclosure or use.
10.3. Recipient's obligation under this Section 9 as to any Confidential Information will continue for 5 years after its receipt of such information. Upon the Discloser’s request, Recipient will return, or, at Discloser’s option, destroy and certify destruction of, all Confidential Information (including any summaries or analyses thereof) in the Recipient’s possession.
10.4. User may from time to time provide ideas, suggestions or other feedback of improvements or modifications regarding the ServiceBoth parties agree that except as otherwise agreed by DailyPlaylists in a signed writing, such ideas, suggestions and other feedback is not Confidential Information of User and that DailyPlaylists will be entitled to use, implement, disclose and otherwise exploit such feedback in any manner, without restriction or duty to account.
10.3.
Except as permitted by Section 8.2, neither party will issue any press releases, or otherwise make any public statements or communications regarding this Agreement or the relationship of the parties without the other party’s prior written consent.
11.1. Each party represents and warrants that
11.1.1. it is duly organized, validly existing, and in good standing under the laws of the jurisdiction in which it was organized;
11.1.2. the execution and delivery of this Agreement, and the performance of the transactions contemplated hereby, are within its corporate powers, and have been duly authorized by all necessary corporate action;
11.1.3. and its performance of this Agreement, and the other party’s exercise of its rights under this Agreement, will not result in a violation of any agreement or other obligation by which it is bound.
11.2. User further represents and warrants to DailyPlaylists that
11.2.1 the User campaigns shall not contain any material which violates the DailyPlaylists Terms of Service or which is otherwise unlawful, defamatory or obscene, or which infringes or violates any third-party rights (including any intellectual property rights or privacy or publicity rights) or which may encourage a criminal offence or otherwise give rise to civil liability and;
11.2.2. it will comply with all applicable laws and regulations in its performance of this Agreement.
11.3. Except as expressly provided in this agreement, neither party makes any representations or warranties regarding this agreement or the transactions contemplated hereby, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement or implied warranties arising out of course of dealing, course of performance or usage of trade. DailyPlaylists does not warrant that the service or its delivery of campaigns hereunder will be error-free, uninterrupted or continuous. without limiting the foregoing, (a) DailyPlaylists shall have no liability for improper actions, or for invalid results or other technological issues, each of may affect the performance of any campaign and (b) any optimization will be “as is” and DailyPlaylists makes no representation that the optimization will improve the applicable campaign in any way. The foregoing disclaimer of warranty is a fundamental part of the basis of the bargain hereunder, and that the parties would not enter into this agreement absent such disclaimer.
11.4. User will indemnify and hold harmless DailyPlaylists and its affiliates, and each of their officers, directors and employees (collectively, the “Indemnified Parties”), from and against any and all expenses, damages and losses of any kind (including, without limitation, reasonable legal fees and costs) incurred by any of the Indemnified Parties arising out of or in connection with any claim by a third party (“Third Party Claim”) against any of the Indemnified Parties resulting from
11.4.1. any actual or alleged breach of User’s representations or warranties under Sections 10.1 and 10.2.;
11.4.2. any use of Contact Information in violation of Section 3.2;
11.4.3. any User campaign or other materials provided by User or any material to which users can link, or any products or services made available to users, through the User Campaign.
DailyPlaylists will notify User promptly of any Third Party Claim for which it seeks indemnification and will permit User to control the defence of such Third Party Claim with counsel chosen by User; provided, that User will not enter into any settlement that contains any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of any Indemnified Party without DailyPlaylists prior written consent.
EXCEPT TO THE EXTENT ARISING OUT OF A BREACH OF CONFIDENTIALITY, DAILYPLAYLISTS WILL NOT BE LIABLE FOR LOSS OF PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DAILYPLAYLISTS TOTAL AGGREGATE LIABILITY TO User ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT PAID BY User TO DAILYPLAYLISTS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO User’S CLAIM.
Excluding payment obligations, neither party will be liable for any delay or default in the performance of its obligations if such delay or default is caused by conditions beyond its reasonable control, including fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, pandemics? or acts of God (collectively, “Force Majeure”). If performance is delayed by more than 30 days as a result of any Force Majeure, the non-delayed party will be entitled to terminate this Agreement by written notice delivered at any time prior to the other party’s resumption of performance of this Agreement.
The laws of the State of Delaware, without regard to principles of conflict of laws, will govern any dispute related to this Agreement. For all such disputes, User agrees to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.
15. California USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 052-5210 or (916) 445-1254.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. User AGREES THAT, BY ENTERING INTO THIS AGREEMENT, User AND DAILYPLAYLISTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Except as specifically provided herein, if any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement shall remain in full force and effect. The failure by either party to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of such party to enforce such provision thereafter. User may not assign or otherwise transfer (including by any reorganization, change of control, merger, acquisition or sale or transfer of all or part of its assets or business) User’s rights or obligations under this Agreement including any purchase without the prior written permission of DailyPlaylists, and in no event will DailyPlaylists be obligated to serve User campaigns for any third party. DailyPlaylists may freely assign or otherwise transfer its rights and obligations under this Agreement including any purchase, in whole or in part. Any purported assignment or other transfer in violation of this provision shall be null and void. This Agreement will be binding upon, and inure to the benefit of the parties and their permitted respective successors and assigns. Each of DailyPlaylists affiliates are express and intended third party beneficiaries of this Agreement and may enforce any of its terms and exercise any of the rights to the same extent as DailyPlaylists. User and DailyPlaylists are independent contractors, and nothing in this Agreement is intended to or does create any type of joint venture, partnership or employer/employee relationship between User and DailyPlaylists or its affiliates. Notices under this Agreement must be in writing and sent via facsimile, registered or certified mail or commercial courier to the parties at their respective addresses set forth herein, and in the case of DailyPlaylists, to the attention of its General Counsel. Whenever used in this Agreement, unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, “for instance” and other similar terms are deemed to include the term “without limitation” immediately thereafter. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language. This Agreement (including any purchases, agreements, policies and other documents incorporated by reference herein), constitutes the entire agreement between User and DailyPlaylists regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between User and DailyPlaylists, whether written or oral, including all terms and conditions on DailyPlaylists’ rate cards or other published materials regarding such subject matter.
Cookie Policy
Last Updated : October, 2023
This Cookie Policy explains how Outpost Partners Holding Inc. and its affiliates (“Outpost Partners”) use cookies and similar technologies to recognize you when you visit our Site at ripbullnetworks.com (“Site”). It explains what these technologies are and why we use them, as well as your rights to control our use of them. For more information about your personal information, please see our Privacy Policy.
WHAT IS A COOKIE?
A cookie is a small data file that is placed on your device when you visit a website. Cookies are widely used in order to make websites work or to work more efficiently, as well as to provide reporting information. A cookie may have unique identifiers and reside, among other places, on your device, in emails we send to you, and on the Site.
Cookies may be set by Outpost Partners Holding Inc or third-parties that perform services on our behalf. Cookies enable features or functionality in connection with our Site, for example, advertising, interactive content, and analytics. Cookies created by certain third-parties can recognize your device when you visit our Site and also when you visit certain other websites.
We may use other technologies similar to cookies like web beacons, which are sometimes called “tracking pixels” or “clear gifs”. These are tiny graphic files that contain a unique identifier that enable us to recognize when someone has visited our Site or opened an email that we have sent them. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
WHY DO WE USE COOKIES?
We Use Cookies for Several Reasons . Some are required for technical reasons in order for our Site to operate. Others provide a better experience on our Site by remembering some of your activities on the Site (including through our plug-ins, widgets, and embedded content). Other cookies enable more relevant advertising and better analytics.
Essential Cookies . Some cookies are required to enable you to navigate throughout our Site. For example, to identify you as being logged into the Site or to make sure you connect to the right service on our Site when we make any changes to the way our Site works.
Cookies for Features and Services . Some cookies provide a better experience on our Site. For example, without cookies to remember some of your settings and activities on our Site, you would not be able to [for example: once you've connected via Spotify's API we keep you logged in till you've logged out of Spotify to save time logging in on every visit].
Cookies for Analytics and Personalization . Some cookies collect information about how you use the Site to help us improve how our Site is being used, and to help us understand what may interest you and personalize your experience accordingly. These cookies, for example:
Generate statistics on how the Site is used, including to measure any errors that occur or to obtain data on the number of users of the Site that have viewed a product
Test different designs for the Site
Help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded
Collect or transmit information about you, such as your browser type and search preferences, and your use of the Site or third-party sites that incorporate part of the Site
Third-Party Cookies. We work with analytics service providers, advertising partners, and advertising networks that may have access to your device information which is anonymous data. In other words, third parties do not collect information such as your name, contact details or other personal information.
HOW CAN I CONTROL COOKIES?
You can amend or "opt out" of the collection of information created through cookies or other technology by actively managing the settings on your browser or mobile device. If you choose to reject cookies, your access to some functionality and areas of our Site may be restricted.
Our Site does not support Do Not Track settings (“DNT”) at this time. DNT is a privacy preference you can set in your web browser to indicate that you do not want certain information about your Site visits collected across Sites when you have not interacted with that service on a page. For more information about how to control cookies, please see “More About Cookies”.
CHANGES AND UPDATES TO THE COOKIE POLICY
We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.
QUESTIONS
If you have any questions about our use of cookies or other technologies, please email us at info@dailyplaylists.com.
MORE INFORMATION ABOUT ANALYTICS
Our Site uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses cookies text files that are stored on your device and make it possible to analyze how you utilize the site. The information generated by the cookie (including the IP address) is transferred and stored on a Google server located in the United States.
Google uses the information on our behalf to evaluate how the Site is used, create reports about the activities on the Site for the site operators, and to perform additional services regarding Site and internet utilization.
Further you can prevent the collection and processing of cookie created data relating to your utilization of the Site (including your IP) via Google by downloading and installing the browser-plugin available under the following link https://tools.google.com/dlpage/gaoptout?hl=en .
You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the device, which prevents the future collection of your data when visiting this Site: For more information on Google Analytics and Google’s privacy practices, please review their privacy policy at https://www.google.com/policies/privacy/
Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/ .
MORE INFORMATION ABOUT COOKIES
You can learn more about cookies at www.allaboutcookies.org, Network Advertising Initiative at www.networkadvertising.org , and YourAdChoices at http://optout.aboutads.info/?c=2&lang=EN.