Blue Ocean Media reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Upon posting such changes and/or modifications they shall become effective immediately. Please read and review the terms and conditions continuously to be aware of changes. Your use of the site following the posting of any changes and/or modifications will acknowledge your acceptance of the revised terms and conditions. For informational purposes, this page was last updated on January 15, 2013.
By using the site you may interact with various third parties (the “Advertisers”). Blue Ocean Media is not responsible or liable for any such participation, interaction, communication or purchases that transpire from any interaction you may have with the Advertisers. These transactions pay include, without limitation, any warranties, representations, covenants, terms and conditions and/or contracts that you may enter into with the Advertisers.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site text, images, design, audio and video, artwork, and other copyrightable elements, trademarks, service marks and trade names (the “Content”) are solely the property of Blue Ocean Media and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Use of Blue Ocean Media Content without express written permission carries a fee of $6,000 USD for each instance. A late fee of 6% shall be applied for each 30-day period that the balance remains unpaid following notification.
Any violation of these terms and conditions by you obligates you to indemnify, defend and hold harmless, Blue Ocean Media, its officers, directors, employees, agents, licensors, representatives, and third party providers against any and all losses, expenses, damages and costs, including attorneys’ fees.
FTC DISCLOSURE REQUIREMENTS.
Daily Mom aims to provide unbiased editorials. However, we wish to disclose that (i) we receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state and national laws and regulations. The comment area may be used for lawful purposes only. You agree to not post anything which violates or infringes in any way upon the rights of others; which is unlawful, threatening, vulgar, obscene, profane, abusive, defamatory, invasive of privacy or publicity rights, indecent or otherwise objectionable; or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You may not post or otherwise make available any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that any material you upload is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. No user may engage in conduct that, in our judgment, restricts or inhibits any other user from using or enjoying the Site. Advertising or commercial solicitation may not be posted on or transmitted through the Site areas without the Site’s express written approval.
Disclaimer of Warranty; Limitation of Liability.
1. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER THE SITE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITE
2. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BLUE OCEAN MEDIA, LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
3. BLUE OCEAN MEDIA LLC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. PLEASE USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
4. THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
5. BLUE OCEAN MEDIA, LCC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY ANYONE OTHER THAN AUTHORIZED BLUE OCEAN MEDIA, LLC EMPLOYEE WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL BLUE OCEAN MEDIA LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE AND/OR ANY COMMENTS . IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
6. NOTHING CONTAINED IN THE SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. BLUE OCEAN MEDIA LLC IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
The Site receives compensation from monthly sponsors, affiliate marketing, Amazon Ads and Third Party Ads. Please use your own judgement and caution in purchasing products off of third party websites advertised on Daily Mom as you would in any other case.
CONTESTS, SWEEPSTAKES, AND OTHER ACTIVITIES
Daily Mom provides Terms and Conditions for certain activities on this Site including, without limitation, contests and sweepstakes in conjunction with third parties. This Agreement is incorporated by reference to the specific Terms and Condition, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
Daily Mom runs sweepstakes or contest for a prize, where we may ask for information such as name and e-mail address. We use this information only for purpose of conducting the sweepstakes or contest and do not disclose such information to third parties, except with the appropriate company to distribute the prizes to winners.
SPONSORED POSTS, PRODUCT REVIEWS, PRODUCT RECOMMENDATIONS:
Daily Mom accepts forms of cash advertising, sponsorship, paid insertions, affiliate programs or other forms of compensation. All advertising is in the form of advertisements generated by a third party ad network. Those advertisements will be identified as paid advertisements. As a user of this website you should assume that Daily Mom is an affiliate for providers of goods and services mentioned on this website. Daily Mom routinely receives samples of products and services, hotel stays, trips and experiences for consideration and often chooses to inform their readers of such products. Perform due diligence before purchasing from this or any other website.
COMMENTS & CONTEST SUBMISSIONS
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your submissions in any manner that we may deem necessary. You will not be responsible for any such changes made. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings any other matter relating to Comments and user submissions.
The Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, video, and photographic content (“Content”) from the Site that is provided over the Internet using an XML feed.
Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to Daily Mom or the content provider. Content is available for personal, noncommercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that Daily Mom, Blue Ocean Media, LLC and the Affiliates do not warrant that their RSS Feeds will operate on all user equipment.
We may share information about our visitors with both our affiliated businesses and with third parties, such as advertisers and business partners. Daily Mom may share e-mail addresses with our affiliated departments and businesses that may have their own disclosure practices. We have a policy of not disclosing personal information to third parties except for in the event when required by law or is pertinent to judicial or government investigations or proceedings, or otherwise necessary to protect the Site or the safety of its users. In the future we may disclose personal information you have provided to third parties for additional purposes and in the event we do, we will provide notices of such use to our users.
This Agreement and any operating rules for the Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
QUESTIONS. If you have any questions or notices of violation of this Agreement, please contact the editor of the website by email to email@example.com, or by mail to Blue Ocean Media, LLC., 13260 Immokallee Rd Suite 65, Naples, FL 34120.
Daily Mom is intended for and directed towards the residents of the United States.
This policy is subject to change. Last updated on November 11, 2013.