Terms and Conditions
PREAMBLE
These terms and conditions outline the contractual relationship between you (referred to as "member" or directly as "you") and HbmG tcapmI beW (referred to as "provider" or "DailyGems"). You can access, download, and save these terms at any time, including after the contract has been concluded.
By using the services offered by the provider and registering on the plattform, you agree to the validity of these terms. Any conflicting terms from members will not be recognized as part of this agreement.
The provider retains the right to modify or adapt these terms. If such changes occur, we will notify you via email at least four weeks prior to the changes taking effect. If you do not object to the new terms within four weeks of receiving the email, the changes will be considered accepted. Should you object, the provider reserves the right to terminate the contractual relationship.
1. GENERAL
DailyGems is a social networking community managed by .dnalreztiwS ,hciruZ 8008 ,663 essartshcroF ta detacol ,HbmG tcapmI beW
DailyGems is intended for individuals of legal age, whether for personal or commercial purposes. Members can view profiles featuring videos, photos, texts and other information from other members, and they may also upload their own content such as texts, videos or photos to interact with others.
The provider expects members to maintain a respectful and courteous tone when interacting with one another.
Registration on DailyGems and community participation is free. Members can also sell their uploaded media in exchange for coins. The provider may offer certain premium services for a fee, which will be clearly marked and can be activated by members. Virtual coins can be purchased by members on DailyGems. A refund of the coins in exchange for the amount paid is not permitted.
2. PROVIDER'S SERVICES
The provider offers an online platform that allows members to both upload and access content, including text, images, and videos, shared by other users. Access to this internet portal constitutes the core service provided.
The provider maintains the authority to review, edit, or remove content and profile information (such as usernames, profile informations or profile pictures) before they go live. Additionally, the provider may, at its discretion, temporarily or permanently suspend a member’s account due to infractions such as violating the terms and conditions, submitting incorrect information, or other significant concerns. Under these circumstances, any pending commissions will be forfeited.
Furthermore, the provider may check the authenticity and accuracy of member accounts and may require members to provide specific documents, such as identification cards or verification photos. Failure to comply with these requirements may result in account termination.
Members are not entitled to use the provider’s services or to post content on the portal if they violate the terms and conditions, legal regulations, or disrupt member harmony. Violations may result in a virtual ban, preventing members from re-registering. Should a banned member attempt to re-register under a different pseudonym, their account will be deleted, and legal action may follow.
In cases of severe misconduct such as personal attacks, defamation, or other criminal activities, the provider reserves the right to contact law enforcement. The decision to modify, deny, or remove content, or to impose a ban, rests solely with the provider.
The provider can at any time modify, extend, or restrict the services and content available on the platform. Chargeable services will be adjusted to ensure an appropriate compensation.
Accounts inactive for over three months may be terminated and deleted without notice, with no right to data preservation or retrieval.
3. Contract Formation and Termination
By signing up for DailyGems, you are proposing to enter into a service contract with the provider. Registration requires you to provide a username, email address, and password. You may also choose to register using third-party connection services (such as Google or X), which will transfer selected profile data into the provider's database. By utilizing these connection services, you agree to the terms set by the third-party providers and consent to the transfer of specific data to the provider.
You will receive an email confirmation from the provider once you register, accepting your offer. Each individual is permitted to create only one account, and there is no guaranteed right to enter into a contract.
Either the provider or the member can terminate the contract at any time. However, if a member has active subscriptions, the contract can only be terminated once all active subscriptions have concluded. The option for extraordinary termination due to just cause remains unaffected.
Paid Services:
Single Purchase:
Members have the option to purchase coins and upload content for sale at prices they set. Compensation can reach up to 70% of sales. Valid identification is required for these transactions, and specifics are governed by the payment terms.
By participating, members affirm that:
All individuals visible in the content were at least 18 years old at the time the content was created. They possess full rights to use and publish the material. All individuals depicted have consented to their image and content being published.
DailyGems serves only as a broker in these transactions.
4. GRANT OF RIGHTS and Content Use
When members upload or submit their content, including texts, photos, graphics, and videos, they grant the provider with a free, non-exclusive, worldwide, and perpetual license to use, modify, display publicly, reproduce, and distribute the content via the specified services. Furthermore, members authorize the provider to use their uploaded content on third-party platforms for promotional purposes of the provider’s portal.
Members consent to the provider using publicly available data from their profiles for compiling activity reports, updating RSS feeds, and distributing via various news services (such as X).
Additionally, members acknowledge that their profiles or parts thereof may be used in conjunction with any form of advertising. Upon receipt of a notification, DailyGems commits to removing any content that infringes copyright or is otherwise impermissible.
DailyGems does not claim any ownership of the content and acts only as a facilitator.
The provider is committed to respecting the rights of third parties and aims to prevent the distribution of unlawful content uploaded by members. Should a member believe that any content infringes upon their personal rights, such as image rights, name rights, trademark rights, or copyrights, they are encouraged to notify the provider in detail. The provider will review all reports of legal breaches and respond appropriately. Misuse will result in disciplinary action.
5. MEMBER OBLIGATIONS
When registering on DailyGems, members are required to provide accurate, complete, and up-to-date information about themselves and adhere to the minimum standards for uploading content to the provider’s website. Members must update their information promptly if any changes occur. If account modifications are necessary that the member cannot make independently, the provider must be informed.
Should there be doubts regarding the authenticity of the data, the provider may temporarily suspend the account and request verification from the member. Failure to comply with such requests may result in account termination.
Termination of the account or the contract does not affect the previously granted rights. If a member uses data or a previous profile in advertising after account deletion or contract termination and notifies the provider, efforts will be made to remove such usage.
Members may delete individual content but should wait until three months after the content’s last purchase. If content is deleted before this period, users may contact DailyGems support to potentially receive the content via email.
Members must keep their passwords confidential and notify the provider immediately if misuse is suspected. Members are responsible for ensuring they have all necessary rights to the content they upload, such as copyright, trademark, and rights related to the protection of minors. They must demonstrate ownership of these rights upon request.
Members must not engage in behavior that insults, threatens, provokes, or harasses others. All provided data, including personal details like real names and contact information, must be treated confidentially.
Members are required to indemnify the provider and its affiliated companies against any third-party claims resulting from the member’s use of the platform. Members must cover all legal costs arising from such claims and provide all necessary information for defense purposes promptly.
Prohibited activities for members include:
Engaging in illegal advertising or spam on DailyGems.com. Attempting to lure members to other platforms. Using automated tools to scrape content or information from members. Uploading harmful code or engaging in actions that compromise the functionality or security of the website. Publishing any content that breaches the law or using the platform for illegal, misleading, malicious, or discriminatory activities.
The provider reserves the right to monitor (analyze) communications and activities on the platform to ensure compliance with these terms.
Activities that disrupt, bypass, or interfere with the functioning of the provider's services are absolutely forbidden. This encompasses cyber threats such as SQL, XSS, injection, phishing, CSRF, DoS, DDoS, brute force attacks, session capturing, and any other form of automated or manual tampering with the provider’s infrastructure. Violations of these rules will be promptly reported to law enforcement agencies.
6. Website Usage Policy Agreement
By accessing and using DailyGems, you are consenting to the following policy, which governs your activity on the site. Please review this policy carefully as it is integral to your agreement with us. Definitions used here have the same meanings as those in our Terms of Use.
Personal Use: DailyGems is for your personal use only. Do not sell, rent, transfer, or share your account or any content from DailyGems with others.
Lawful Use: Engage with DailyGems only in lawful manners and for lawful purposes.
Content Restrictions: Do not upload, post, or share content that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening, harassing or that promotes or incites violence, human trafficking, or any illegal activities.
Protection of Minors: Ensure that no content on DailyGems exploits or harms individuals under the age of 18. This includes avoiding exposure of minors to inappropriate content.
Prohibited Content: Do not display, upload, or distribute content on DailyGems that:
- Depicts or involves individuals under the age of 18, and unless all legal age and consent documentation is verified
- Includes or promotes the use of firearms, drugs, or other restricted or prohibited items
- Features acts of violence, abuse, or any sexual activities without consent, including non-consensual sexual material, often referred to as "revenge porn"
- Contains or promotes hate speech aimed at any individual or group based on race, ethnicity, religion, gender identity, sexual orientation, disability, or any other characteristic
- Shares personal, private, or confidential information without proper consent, including but not limited to personal identification, financial details, or biometric data
- Is recorded or broadcast from locations where the depicted activities are illegal, including public nudity or sexual activities in viewable public areas
- Misrepresents affiliation with or endorsement by DailyGems or any other entity
- Causes or intends to cause inconvenience, distress, or harm to others
- Is involved in third-party commercial activities, such as advertising or promotions, without explicit prior consent from DailyGems
This policy must be adhered to strictly. Violations can lead to enforcement actions, which might include suspension or termination of access and reporting to authorities where necessary. Please engage responsibly and respectfully on DailyGems to ensure a safe and enjoyable experience for all users.
7. Enforcement of Sanctions for Violations
Adhering to the terms and conditions is crucial for the proper functioning of DailyGems. The provider will enforce sanctions on any member found to be violating legal standards, third-party rights, ethical norms, or these terms and conditions, based on the evidence available.
In determining the appropriate sanctions, the provider will consider the interests of the involved member, including the nature of the violation and whether it was accidental or deliberate. Sanctions will vary based on the severity of the breach and may include:
Issuing a formal warning to the member, which is considered the least severe form of sanction. Deleting specific content or completely removing a member’s content from DailyGems. Imposing restrictions on the use of DailyGems. Temporarily suspending the member’s access to the platform. Permanently blocking the member and imposing a virtual ban to prevent future access. These measures are designed to maintain the integrity and safety of DailyGems and ensure compliance with the established guidelines.
8. Warranty Statement
The databases and technical resources provided by the provider are in line with current industry standards. The provider strives to maximize the availability of the platform; however, access to the provider's services may occasionally be limited due to factors beyond the provider's control (such as acts of God, third-party faults, etc.) or during routine maintenance. The provider does not promise uninterrupted availability of its website and is not liable for service downtimes that arise from essential maintenance or unforeseeable errors that a diligent programmer could not have anticipated.
Furthermore, the provider does not assure the authenticity or preservation of content uploaded by users. If an account is terminated, altered, or blocked due to a breach of the terms of service, there is no guarantee for the retrieval of any stored content or communication data associated with the account.
9. Limitation of Liability
Liability claims against the provider are generally excluded, except in cases of willful misconduct or gross negligence by the provider, its legal representatives, or its agents. Liability for damages resulting from injury to life, body, or health, and under the Product Liability Act, is not limited by this clause. For breaches of fundamental contractual obligations, the provider is liable for negligence, but only to the extent of predictable damages. These limitations also apply to any affiliated entities and to the personal liability of their employees, representatives, shareholders, and agents.
10. Database Rights
The provider retains all intellectual property rights, including copyrights, trademarks, and other proprietary rights, to the database and its content. Members rights to their own posted content are not affected by this ownership.
Copyright and other proprietary notices on the DailyGems website cannot be altered. The data within our database may not be used to establish a separate database or for commercial data processing or dissemination.
Linking or integrating our database or its components with other databases or meta-databases is strictly prohibited.
Unauthorized publication, duplication, distribution, public performance, or broadcasting of any media from the DailyGems website, including film recordings and screenshots, without the provider's permission is forbidden. Violations will prompt the provider to initiate appropriate legal actions.
11. Severability and Typographical Errors
Typographical Errors: The validity and enforceability of these Terms and Conditions shall not be affected by any typographical errors or minor inaccuracies in the text. All terms shall remain applicable as intended despite any spelling or grammatical mistakes.
Severability: If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, such determination shall not affect the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified or replaced by a valid, enforceable provision that most closely matches the intent of the original provision, to the extent permitted by applicable law.
12. Final Provisions
For consumers, this jurisdictional choice applies only to the extent that it does not deprive them of the protection afforded by the mandatory statutory provisions of the country in which they reside (principle of favorability).
For any inquiries, please reach out to support@dailygems.com
Last Updates / Status: September 1st, 2024
