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Terms and Conditions
 
 

Warm welcome to www.middaily.com. By accessing www.middaily.com you are agreeing to the following terms, which are designed to make sure that middaily works for everyone. This policy is effective September 1, 2011. Using middaily, you will post in the appropriate category or area and will not do any of the following bad things:

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violate any laws or our Prohibited Content Policy ;
be false or misleading;
infringe any third-party right;
distribute or contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm middaily or the interests or property of middaily  users;
impose an unreasonable load on our infrastructure or interfere with the proper working of the middaily
copy, modify, or distribute any other person's content;
use any robot, spider, scraper or other automated means to access middaily and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
bypass measures used to prevent or restrict access to middaily.

   
 

Abusing middaily. Please use the flagging system to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off middaily if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off middaily or not, we do not accept any liability for monitoring middaily or for unauthorized or unlawful content on middaily or use of middaily by users. .

Fees and Services. Using middaily is generally free. We may charge fees for certain services. If the service you use charges a fee, you’ll be able to review and accept that charge. Our fees are quoted in your local currency, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 60 days past due, we may deduct the amount owed from your PayPal account balance).

Content. middaily contains stuff from us, you, and other users. You agree not to copy, modify, or distribute middaily, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights to host and display your content.) If you believe that your rights have been violated, please notify our designated copyright agent at Middaily Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party’s rights.
Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO) Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. The following steps are for reporting a listing to middaily that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through middaily VeRO Program. If you have a good faith belief that a listing on middaily infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Claimed Infringement (NOCI) form, fill it out, and fax it to middaily i. After we receive your first NOCI, middaily will confirm your enrolment in our program and send you the instructions on how to submit future reports electronically.
Liability. You agree not to hold us responsible for things other users post or do. As most of the stuff on middaily comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of middaily, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) Equivalent to 100 Us Dollars.
Personal Information. By using middaily, you agree to the collection, transfer, storage and use of your personal information by data controller on servers located in the United States
General. These terms and the other policies posted on middaily constitute the entire agreement between data controller and you, superseding any prior agreements. This agreement is governed by the laws of the INDIA. We both submit to the non-exclusive jurisdiction of the courts of INDIA, The INDIA. This won’t affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to Middaily Customer Support.

   
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