Terms of Service

Acceptance of Terms

Welcome to Daily Lounge. These Terms of Service ("Terms") govern your access to and use of the Daily Lounge website located at http://dailylounge.com/, including any mobile-optimized version of the website, software applications, newsletters, content, and services (collectively, the "Website" or "Services"). The Website is owned and operated by Circle F Media LLC, located at 209 Palos Verdes Drive, Austin, TX 78734, U.S.A.

By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Website.

These Terms constitute a legally binding agreement between you and Circle F Media LLC. We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by updating the "Last Updated" date at the top of these Terms. Your continued use of the Website will confirm your acceptance of the revised Terms.

Eligibility

The Website is intended for users who are at least 13 years of age. If you are under 13 years of age, you may not use the Website. By using the Website, you represent and warrant that you are at least 13 years of age. If you are under 18 years of age, you represent that your legal guardian has reviewed and agreed to these Terms on your behalf.

Use of the Website

License to Use

Subject to your compliance with these Terms, Circle F Media grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal, non-commercial use.

Restrictions

You agree that you will not:

• Use the Website for any illegal purpose or in violation of any local, state, national, or international law
• Violate or encourage others to violate the rights of third parties, including intellectual property rights
• Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate
• Interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website
• Interfere with the operation of the Website or any user's enjoyment of the Website, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code
• Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you
• Sell or otherwise transfer your profile, posts, or account
• Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section

User Accounts and Registration

Certain features of the Website may require you to register for an account. When you register for an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account by not sharing your password with others and restricting access to your account
• Promptly notify us if you discover or suspect any security breaches related to the Website
• Take responsibility for all activities that occur under your account and accept all risks of unauthorized access

User Content

Your Content

The Website may allow you to post, upload, or otherwise make available content, including comments, reviews, photos, videos, and other materials ("User Content"). You retain all ownership rights in your User Content, but you grant Circle F Media LLC the following license:

By posting User Content on the Website, you grant Circle F Media LLC a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual, irrevocable license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Website and Circle F Media's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

Representations and Warranties

You represent and warrant that:

• You own or have the necessary rights to post your User Content
• Your User Content does not violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights
• Your User Content complies with these Terms and all applicable laws

Monitoring and Removal

We reserve the right, but are not obligated, to monitor, review, or remove User Content, in our sole discretion and at any time and for any reason, without notice to you. We are not responsible for any failure or delay in removing User Content.

Community Standards

When posting User Content, you agree to maintain a respectful environment. We encourage thoughtful discussion and debate, but we do not tolerate:

• Hate speech, harassment, or bullying
• Spam or unsolicited commercial content
• Misinformation or deliberately false content
• Content that violates others' privacy
• Graphic violence or adult content

Intellectual Property Rights

Our Content

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Circle F Media LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks

"Daily Lounge," "The Daily," "The Lounge," "Roundtable," and other Circle F Media graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Circle F Media LLC in the U.S. and/or other countries. Circle F Media's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

Limited License to Users

You may view, download, and print content from the Website solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not modify, reproduce, distribute, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website, except as permitted in these Terms or with our prior written consent.

Third-Party Links and Services

The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Circle F Media LLC. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

If you access a third-party website from the Website, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve Circle F Media LLC from any and all liability arising from your use of any third-party website, service, or content.

Advertising

The Website may display advertisements and promotions from third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and such advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

Social Media Features

The Website may include social media features, such as the Facebook "Like" button, "Share" buttons, or interactive mini-programs. These features may collect your IP address, which page you are visiting on the Website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on the Website. Your interactions with these features are governed by the privacy policy and terms of service of the company providing them.

Contests and Sweepstakes

Any contests, sweepstakes, surveys, games, or similar promotions made available through the Website may be governed by specific rules that are separate from these Terms. By participating in any such contest or sweepstakes, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Circle F Media urges you to review any specific rules applicable to a particular promotion, which will be linked from such promotion, and to review our Privacy Policy, which will govern any information you submit in connection with such activities.

Disclaimers and Limitation of Liability

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER CIRCLE F MEDIA LLC NOR ANY PERSON ASSOCIATED WITH CIRCLE F MEDIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CIRCLE F MEDIA NOR ANYONE ASSOCIATED WITH CIRCLE F MEDIA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL CIRCLE F MEDIA LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Circle F Media LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Website, including, but not limited to, your User Content
• Your violation of any law or the rights of a third party
• Any unauthorized use of your account

Digital Millennium Copyright Act (DMCA)

Circle F Media respects the intellectual property rights of others and expects users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner
2. Identification of the copyrighted work that you claim has been infringed
3. Identification of the material that is claimed to be infringing and where it is located on the Website
4. Information reasonably sufficient to permit Circle F Media to contact you, such as your address, telephone number, and email address
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner

Please send DMCA notices to:

Copyright Agent Circle F Media LLC 209 Palos Verdes Drive Austin, TX 78734 Email: info@dailylounge.com

Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any principles of conflicts of law. This Website is operated in the United States, and we make no representation or warranty that the Website is appropriate or available for use in other locations.

Dispute Resolution

Any dispute arising from these Terms and your use of the Website shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Circle F Media agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas.

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at info@dailylounge.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Circle F Media may bring a formal proceeding.

Class Action Waiver

YOU AND CIRCLE F MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Circle F Media LLC regarding the use of the Website and supersede all prior and contemporaneous written or oral agreements between you and Circle F Media.

Waiver and Severability

No waiver by Circle F Media of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Circle F Media to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Assignment

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Circle F Media without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Modification of the Website

We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Circle F Media shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

Force Majeure

Circle F Media shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Circle F Media's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information

If you have any questions about these Terms of Service, please contact us at:

Circle F Media LLC 209 Palos Verdes Drive Austin, TX 78734 Email: info@dailylounge.com

By using the Daily Lounge website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.