Terms of Service

Effective date:

October 22 2021

These terms of service (“Terms”) govern your use of The Daily Edit, Inc.’s (collectively, “The Daily Edit”, or “we”, “us”, or “our”) websites and mobile properties, including our app(s), and all other interactive features and communications we provide in connection with the websites or apps, however accessed or used, that we operate, make available, produce, or maintain (collectively, the “Service”). Use of the Service and/or clicking where indicated constitutes acceptance of these Terms. If you do not accept these Terms then you may not use the Service.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN SECTION 19 (DISPUTE RESOLUTION). UNLESS YOU OPT OUT, THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.

This Service is not intended for use by persons under the age of 18 without the consent and involvement of a parent or guardian. If you are under the age of 18, you may use the Service only with the consent and involvement of a parent or guardian. You certify that you are 18 years old or, if you are between the ages of 13 and 18, that you are using the Service with the supervision of your parent or legal guardian who agrees to be bound by these Terms. If you are under the age of 13, review these terms with your parent or guardian so that you both understand all of your rights and obligations. The Service is intended for, and should only be used, by individuals residing within the United States.

  1. Changes. We may change these Terms on a going-forward basis at any time and in our sole discretion. If we make change to these Terms, we will notify you of the changes. Our notice to you may include sending a message to the email address or text message number you provided to us, or notice through the Service. We will also update the “Last Updated” date at the top of these Terms when we make changes. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and delete your account. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Service.
  2. Privacy. Data collection and use, including data collection and use of personally identifiable information, is governed by The Daily Edit’s Privacy Policy which is incorporated into and is a part of these Terms.
  3. Access License. The Daily Edit grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to (a) down and install our mobile app, and (b) access and use the Service. The Service may only be used for the intended purpose for which we make it available. We and our licensor(s) reserve all rights to the Service not expressly granted, whether by implication, estoppel, or otherwise.
  4. Restrictions. Except as expressly permitted herein, you may not reproduce, sell, resell, or otherwise exploit the Service or any part of it for any purpose without our express written consent. Additionally, you will not: (a) make derivative use of the Service or Our Content; (b) reverse engineer, decompile, or disassemble our mobile applications; (c) download or copy account information for the benefit of a third party; (d) collect and use any content, including product listings, descriptions, or prices; (e) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission; (f) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (g) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (h) bypass any measures we may use to prevent or restrict access to the Service. Any unauthorized use automatically terminates the permissions and licenses granted to you by us.
  5. Content.
    1. Third Party Content. The Service allows you to access news stories on web properties that are not owned by The Daily Edit (“Third Party Content”). When you select a news story, you will be linked to the publisher’s website corresponding to that story. We do not claim ownership in such news stories, or in any text, graphics, photographs, images, moving images, sound, and illustrations available through such third party web properties. We neither control nor endorse, nor are we responsible for, any Third Party Content, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Content. Certain Third Party Content may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by us with respect to any Third Party Content. We have no obligation to monitor Third Party Content. In addition, the availability of any Third Party Content through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Content, nor does such availability create any legal relationship between you and any such publisher. Your use of the Third Party Content is at your own risk and subject to any additional terms, conditions, and policies applicable to such Third Party Content (such as the terms of service or privacy policies of the publishers of such content).
    2. Service and Our Content. The Service may allow you to access analysis, information or other content created by The Daily Edit or its licensors, contractors or agents (“Our Content”). Our Content may include statements regarding Third Party Content; all such statements constitutes our opinions and not statements of facts. We and our licensor(s), vendor(s), agent (s), and content provider(s) own all of Our Content. In addition, subject to Section 5.1, we and our licensor(s), vendor(s), agent (s), and content provider(s) own the Service. All elements of the Service, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You may not modify Our Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell Our Content. You will not remove any copyright, trademark, or other proprietary notice from any material found on the Service. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Service. The Service, Our Content, and all related rights remain the exclusive property of The Daily Edit or its licensors, vendors, agents, and/or providers unless otherwise expressly agreed, and are protected by U.S. and international copyright laws.
  6. Trademarks/No Endorsement. All trademarks, service marks and trade names of The Daily Edit used in the Service or Our Content (including but not limited to: The Daily Edit name, and The Daily Edit logo) (collectively “Marks”) are trademarks or registered trademarks of The Daily Edit or its affiliates, partners, vendors, or licensors in the United States or other countries. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way without our prior written consent.
  7. Account Registration and Security. You will need to create an account to have access to all of the parts of the Service. You will: (a) provide true, accurate, current, and complete information about yourself or the entity you represent as prompted by the Service’s registration or subscription page (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You are solely responsible for the security and confidentiality of your password and account and for all use of your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Service using your account information. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We may provide user billing, account, or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information may be able to access your account so you should take reasonable steps to protect your personally identifiable information. If you create an account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms.
  8. Feedback. If you give to The Daily Edit any idea, proposal, suggestion, or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback, and product improvements (“Feedback”), you give to The Daily Edit, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose. The Daily Edit will treat any Feedback you provide to The Daily Edit as non-confidential and non-proprietary. You agree that you will not submit to The Daily Edit any information or ideas that you consider to be confidential or proprietary.
  9. Contests, Sweepstakes, and Games. From time to time The Daily Edit may offer contests, sweepstakes, and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes, or game.
  10. Transactional Partners. We may promote the services of third parties (“Partners”) within the Service. In cases where you use Partner services, you are transacting directly with the Partner. When using these Partner services, you are bound by the Partner’s terms of service in addition to remaining bound by these Terms. If there is a conflict between these Terms and a Partner’s terms of service, the Partner’s terms of service will prevail with respect to the Partner’s services. We do not license any intellectual property to you as part of any Partner’s services and are not responsible or liable to you or others for information or services provided by any Partner.
  11. Notification. If you gave us your email address or phone number in connection with your account, then we may send notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number. We may also send you notifications by other means (for example by in-product messages). Data or messaging rates may apply if you receive notifications via SMS.
  12. Payments; Special Offers and Promotions.
    1. Payments. For all charges or deposits for any products and services ordered by you on or through the Service, The Daily Edit or its vendors or agents will charge your card or alternative payment method offered by The Daily Edit, and you agree to pay all such charges or deposits. You understand that we may hold and store your payment information to facilitate payment and deposit and damage reimbursement. When you provide card information, account numbers, or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the card or payment account. To the extent that you are obligated to pay for a Service, we may suspend or cancel the Service if we do not receive an on time, full payment from you. Suspension or cancellation of the Service for non-payment could result in a loss of access to and use of your account and its content. In the event legal action is necessary to collect on balances due, you agree to reimburse The Daily Edit and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Service.
    2. Special Offers and Promotions. The Daily Edit may issue promotion codes for redemption at check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We may reduce the redemption value if the total value of the promotional code exceeds the price of the item. You may not combine multiple promotional codes in one transaction. The Daily Edit is not responsible for any financial loss arising out of our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason. Discounts and sales prices may not be applied to previous orders. We may shorten the duration of any special order or sales promotion.
  13. Suspension and Termination. We may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason, with or without prior notice. You may also terminate your account through the Service or by requesting such termination at [insert e-mail]. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Service in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. If your account is terminated, we may delete data or otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Service or your data.
  14. DISCLAIMERS. YOUR USE OF THE SERVICE AND ANY THIRD PARTY CONTENT IS AT YOUR RISK. OUR CONTENT, THIRD PARTY CONTENT, AND ANY INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER THE DAILY EDIT NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY OF OUR CONTENT OR THIRD PARTY CONTENT. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY OF OUR CONTENT OR THIRD PARTY CONTENT, MAY BE OUT OF DATE, AND NEITHER THE DAILY EDIT, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE DAILY EDIT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  15. LIMITATIONS OF LIABILITY. THE DAILY EDIT DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL THE DAILY EDIT BE LIABLE, FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SERVICE, OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SERVICE, INCLUDING WITHOUT LIMITATION ANY OF OUR CONTENT OR THIRD PARTY CONTENT. IN NO EVENT WILL THE DAILY EDIT, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) , WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
    IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY OF OUR CONTENT OR THIRD PARTY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT SHALL THE DAILY EDIT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE SERVICES PURCHASED OR TO WHICH YOU SUBSCRIBE THROUGH THE SERVICE.
    THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS OR THE SERVICE.
  16. Indemnity. You will defend, indemnify, and hold The Daily Edit and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Service or other content, message, or information you provide or transmit on or through this Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; or (e) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
  17. Force Majeure. Neither The Daily Edit nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
  18. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND THE DAILY EDIT HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and The Daily Edit agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that we may have. Therefore, pursuant to these Terms, if you have any past, present, or future dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any purchases or other transactions or relationships with The Daily Edit or (iii) any data or information you may provide to The Daily Edit or that The Daily Edit may gather in connection with such use, interaction, or transaction (collectively, “The Daily Edit Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service, or engaging in any other The Daily Edit Transactions or Relationships with us, you agree to binding arbitration as provided below. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Service, you agree that any complaint, dispute, or disagreement you may have against The Daily Edit, and any claim that The Daily Edit may have against you, arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any The Daily Edit Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, The Daily Edit agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (h) below. You further agree that:
    1. Arbitrator Will Interpret These Terms. The Arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and the arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms is void or voidable;
    2. Location of Arbitration. The Arbitration will be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and The Daily Edit; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
    3. Governing Law. The Arbitrator (i) will apply internal laws of the State of Delaware consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent that federal law prevails, will apply the law of the U.S., irrespective of any conflict of law principles; (ii) will entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Delaware or federal rules of procedure, as applicable; (iii) will honor claims of privilege recognized at law; and (iv) will have authority to award any form of legal or equitable relief;
    4. No Class Relief. The Arbitration can resolve only your and The Daily Edit’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
    5. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
    6. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, The Daily Edit will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
    7. Reasonable Attorney’s Fees. If, through the process set forth in this Section 20, you recover an Award greater than The Daily Edit’s last written settlement offer, we will reimburse your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, and we will bear our own attorneys’ fees;
    8. Interpretation and Enforcement of Arbitration Clause. With the exception of the subsection entitled No Class Relief above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor The Daily Edit shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
    9. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against The Daily Edit in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding; and
    10. Intellectual Property Disputes. Notwithstanding the foregoing, The Daily Edit or you may submit any dispute, cause of action, claim, or controversy relating to our or your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.
  19. General. Any claim relating to, and the use of, this Service and the materials contained herein is governed by the laws of the State of Delaware. To the extent the provisions in the section titled Dispute Resolution do not apply, you consent to the exclusive jurisdiction of the state and federal courts located in Kent County, Delaware. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Service may be interfered with by numerous factors outside of our control. Except as set forth in the section titled Dispute Resolution above, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by The Daily Edit in our sole discretion. Headings are for reference purposes and have no interpretive value. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive these Terms will survive any termination or expiration of these Terms.
  20. Apple Disclaimer. The following applies to any part of the Service you acquire from an electronic store branded, owned, or controlled by Apple or any affiliate of Apple (“App Store-Sourced Software”): You acknowledge and agree that these Terms are solely between you and The Daily Edit, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to The Daily Edit as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to The Daily Edit as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and The Daily Edit acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.
  21. Additional Assistance. If you do not understand any of these Terms or if you have any questions or comments, you may contact us at legal@dailyedit.com.
  22. Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2021, The Daily Edit, Inc. and its affiliates and licensors. ALL RIGHTS RESERVED.