Terms Of Service

Welcome to Dayboox. The use of this website is subject to the following terms of service:

1. Your Acceptance

1. Rextide Inc. operates Dayboox.com. The services offered by Dayboox.com includes all features, content or applications offered within or in connection with Dayboox Website. Dayboox services are hosted in the United States.
2. By using and/or visiting Dayboox Website (collectively, including all content and functionality available through the Dayboox.com domain name, the "Dayboox Website", or "Website") you signify that you have read, understand and agree to be bound by (1) these terms and conditions (the "Terms of Service"), (2) Dayboox's privacy notice, found at http://www.dayboox.com/Pages/Static/PrivacyNotice.aspx and incorporated here by reference, and (3) Dayboox's Community Guidelines, found at http://www.dayboox.com/Pages/Static/CommunityGuidelines.aspx and also incorporated here by reference. If you do not agree to any of these terms, the Dayboox’s privacy notice and the Community Guidelines, please do not use the Dayboox Website.
3. Dayboox may, in its sole discretion, modify or revise these Terms of Service, Privacy Notice, and Community Guidelines at any time. Modifications shall be deemed to be effective upon posting thereof on Dayboox Website. Although Dayboox may attempt to notify users when major changes are made to these Terms of Service, users should periodically review the most up-to-date version at http://www.dayboox.com/Pages/Static/TermsOfUse.aspx. You agree that use of the Dayboox Services after Dayboox posts a revised agreement signifies you accept such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Dayboox Website


1. These Terms of Service apply to all users of the Dayboox Website. You become a Dayboox User upon registration with Dayboox by creating a Dayboox account. As user, you may submit video content, pictures, information, and other materials or services to the Website. The Dayboox Website includes all aspects of Dayboox, including but not limited to Dayboox channels and the Dayboox "Embeddable Player."

2. The Dayboox Website may contain links and pointers to third party websites that are not owned or controlled by Dayboox. Links and pointers may consist of third party logos or trademarks, which are included solely for the convenience of users. Dayboox uses such logos or trademarks only to link users to third party Internet sites or to facilitate the embodiment of Dayboox within those third party websites. Dayboox has not been conferred any license to third parties intellectual property rights over the above mentioned logos or trademarks, and use thereof shall not be regarded as any kind of affiliation or sponsoring of Dayboox by the third party. To report any infringement please send an e-mail infringement@dayboox.com .

3. When you leave Dayboox by linking to a third party website, you do so at your own risk and you should be aware that Dayboox’s terms of service and privacy policy no longer govern. Dayboox cannot control, censor or edit the content of a third party website. Therefore, Dayboox has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve Dayboox from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions, privacy policies, data gathering practices of each other website that you visit.

3. Dayboox Accounts


1. In order to access the features of the Website, you will be requested to create a Dayboox account. You agree not to use the account, username or password of another user without permission. When creating your account, you must provide accurate and complete information. You will also be asked to choose a password that you must keep secure, as you are solely responsible for the activity that occurs on your account. You must notify Dayboox immediately if you are aware or suspect any breach of security or unauthorized use of your account.

2. Although Dayboox will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dayboox or others due to such unauthorized use.

4. General Use of  Dayboox Website -- Permissions and Restrictions

Dayboox hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

1. You acknowledge that Dayboox reserves the right to discontinue any aspect of the Dayboox Website at any time including discontinuing any linked or embedded content whether or not into other websites either generally or in specific cases.

2. You agree not to distribute in any medium any part of Dayboox Website, including but not limited to Dayboox Content and User Submissions, without Dayboox's prior written authorization.

3. You agree not to alter or modify any part of the Website, including but not limited to Dayboox's Embeddable Player or any of its related technologies.

4. You agree not to access User Submissions or Dayboox Content through any technology or means other than the video playback pages of the Website itself, the Dayboox Embeddable Player, or other explicitly authorized means Dayboox may designate.

5. You agree to use the Website, including the Dayboox Embeddable Player for your personal non-commercial use, unless you have the prior written authorization of Dayboox. Dayboox reserves the right to remove commercial content in its sole discretion. Prohibited commercial uses may include, without being limited to, any of the following actions taken without Dayboox's express approval:

• sale of access to the Website or its related services (such as the Embeddable Player) on another website;
• use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the Dayboox website or any third-party website, targeted to the content of specific User Submissions or Dayboox content;
• and any use of the Website or its related services (such as the Embeddable player) that Dayboox finds, in its sole discretion, to use Dayboox's resources or User Submissions with the effect of competing with or displacing the market for Dayboox, Dayboox content, or its User Submissions.

E. Prohibited commercial uses do not include:

• Uploading an original text, photo or video to Dayboox, original works, or maintaining an original channel on Dayboox, to promote your business or artistic enterprise;
• using the Embeddable Player to show Dayboox text, photo or videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Dayboox;

• any use that Dayboox expressly authorizes in writing.

(For more information about what constitutes a prohibited commercial use, see our FAQ.)

F. If you use the Dayboox Embeddable Player on your website or any other Dayboox functionality, you must include a prominent link back to the Dayboox website on the pages containing the referred Player or functionality and you are not allowed to modify, build upon, or block any portion thereof in any way.

G. Exceptionally, Dayboox may grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Understanding the foregoing, you agree not to use or launch any automated system, including without limitation, robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Dayboox servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You also agree not to collect, harvest or use any personally identifiable information like account names or any communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Dayboox reserves the right to revoke the permissions described above either generally or in specific cases.

G. You will otherwise comply with the terms and conditions of these Terms of Service, Dayboox Community Guidelines, and all applicable local, national, and international laws and regulations.

5. Use of Content - Permissions and Restrictions:

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Dayboox Website.

1. The content on the Dayboox Website, except all User Submissions, includes, without limitation, text, page headers, buttons software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"). Content and Marks (hereafter: “Dayboox Content”) are owned by or licensed to Dayboox, subject to copyright and other intellectual property rights under national and international law. It is strictly prohibited to use Dayboox Marks in connection with any product or services in any manner that is likely to cause confusion. Copy, imitation, or use of any Dayboox Content is also prohibited without the prior written permission of Dayboox under this Terms of Service Agreement. Dayboox reserves all rights not expressly granted in and to the Website and the Content.
2. As a Dayboox account holder you may submit video content ("User Videos"), graphic content (User Pics), and textual content ("User Comments"). User Videos, User Pics and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Dayboox does not guarantee any confidentiality with respect to any User Submissions.
3. Dayboox Content and User Submissions on the Website are provided to you “AS IS” for your information and personal use only. Download, copy, reproduction, distribution, transmission, broadcast, display, sale, licensing, or any other form of exploitation thereof are strictly prohibited without the prior written consent of the respective owners.

6. Access to other user’s submissions:

You may access other user’s submissions (pictures, videos, comments and any other user’s content) only according to the following restrictions and conditions:

A.      For your information and personal use; 
as intended through the normal functionality of the Dayboox Service; and
 for Streaming in the specific case of videos. In this Terms of Service Agreement, the term "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Dayboox Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited.

B.       User Submissions are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Dayboox Service or otherwise as prohibited under this Terms of Service Agreement.

C.     Generally, you agree to not to post, copy, transmit or distribute any Content that you did not create or that you do not have permission to post. This includes any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

D.      You agree not to circumvent, disable or otherwise interfere with security-related features of the Dayboox Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Dayboox Website or the Content therein.

E.       You understand that Dayboox is not responsible for the accuracy, usefulness, safety, or intellectual property rights of Users Submissions to which you are exposed when using the Dayboox Website. You further understand and further acknowledge that User Submissions may be inaccurate, offensive, indecent, or objectionable, and you agree hereby to waive, any legal or equitable rights or remedies you have or may have against Dayboox with respect thereto.

F.       You agree to indemnify and hold Dayboox, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your unauthorized use of the site.

You may access Dayboox Content, User Submissions and other content only as permitted under this Terms of Service Agreement. Dayboox reserves all rights not expressly granted in to the Dayboox Content and the Dayboox Service.

6. Your User Submissions and Conduct 


A. As a Dayboox account holder you may submit video content ("User Videos"), graphic content (User Pics), and textual content ("User Comments"), collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Dayboox does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for the content you upload, publish or display and the consequences of posting or publishing them. In connection with your User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Dayboox to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website.

C. You retain all of your ownership rights in your User Submissions. However, by submitting Content to Dayboox, you hereby grant Dayboox a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Dayboox Website and Dayboox's (and its successors' and affiliates') usiness, including without limitation for promoting and redistributing part or all of the Dayboox Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Dayboox Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the Dayboox Service. You understand and agree, however, that Dayboox may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. The user further agrees not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the user is the owner of such rights or have permission from their rightful owner to post the material and to grant Dayboox all of the license rights granted herein, according to letter C of this paragraph. Dayboox no assumes any responsibility or liability for user submissions that infringes on another’s  intellectual property rights.

E. Dayboox does not permit copyright infringing activities and infringement of intellectual property rights on its Website. Therefore, Dayboox will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Dayboox reserves the right to remove Content and User Submissions without prior notice at any time.

F. Dayboox also reserves the right to decide at its sole discretion whether Content or a User Submission is appropriate and complies with these Terms of Service for violations regarding to, but not limited to, pornography, obscene or defamatory material, or excessive length. Dayboox may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice.

G. You agree that your conduct on the site will comport with the Dayboox Community Guidelines, found at http://www.dayboox.com/Pages/Static/CommunityGuidelines.aspx, which may be updated from time to time.

H. Dayboox does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Dayboox expressly disclaims any and all liability in connection with User Submissions.

7. Account Termination Policy 


1. Dayboox will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

2. The user may cancel his or her account at any time, for any reason, by following the instructions on the User’s account setting page.

8. Digital Millenium Copyright Act


A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with a written notification of claimed infringement containing the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
• 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 the law, and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• To report any infringement please send an e-mail infringement@dayboox.com .

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Beverly Hills, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Dayboox may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Dayboox's sole discretion.

9. Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, DAYBOOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ACCORDINGLY, YOU AGREE THAT YOU USE THE DAYBOOX WEBSITE AT YOUR SOLE RISK. DAYBOOX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMPLETENESS OR ACCURACY OF THE CONTENT OF THIS WEBSITE OR THE CONTENT OF ANY THIRD PARTY SITES LINKED THERETO AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY (I) MISTAKES, ERRORS, OR INACCURACIES REGARDING THE WEBSITE CONTENT, (II) ANY KIND OF PERSONAL INJURY OR PROPERTY DAMAGE THAT RESULTS FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, (III) ANY TROJAN HORSES, VIRUSES, BUGS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION FROM OUR WEBSITE, (V), ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE ADDED AVAILABLE ON THE DAYBOOX WEBSITE. DAYBOOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED THROUGH THE DAYBOOX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DAYBOOX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

10. Limitation of Liability. THE FOLLOWING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION:

IN NO EVENT SHALL DAYBOOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) MISTAKES, ERRORS, OR INACCURACIES REGARDING THE WEBSITE CONTENT, (II) ANY KIND OF PERSONAL INJURY OR PROPERTY DAMAGE THAT RESULTS FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, (III) ANY TROJAN HORSES, VIRUSES, BUGS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION FROM OUR WEBSITE, (V), ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE ADDED AVAILABLE ON THE DAYBOOX WEBSITE, WHETHER BASED IN  ANY LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ADDITIONALLY, YOU SPECIFICALLY ACKNOWLEDGE THAT DAYBOOX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. Dayboox Website is controlled and offered by Rextide, Inc. from its facilities in the United States of America. Dayboox makes no representations that the Dayboox Website is appropriate or available for use in other locations. Access to or use of the Dayboox Website from other jurisdictions is done at your own volition and you are responsible for compliance with local law. Accordingly, you agree that: (i) the Dayboox Website shall be deemed solely based in California; and (ii) the Dayboox Website shall be deemed a passive website that does not give rise to personal jurisdiction over Dayboox, either specific or general, in jurisdictions other than California (iii) These Terms of Service, together with the Privacy Notice at http://www.dayboox.com/Pages/Static/PrivacyNotice.aspx and the Community Guidelines found at http://www.dayboox.com/Pages/Static/CommunityGuidelines.aspx constitute the entire agreement between you and Dayboox concerning the Dayboox Website (iv) Any claim or dispute between you and Dayboox that arises in whole or in part from the Dayboox Website shall be decided exclusively by a court of competent jurisdiction located in Beverly Hills, California and that (v) any action arising out of or related to the Dayboox website must commence within (1) year after the cause of action accrues. Failure in exercise your action within the referred period, such cause of action is permanently barred.

12. Indemnity. You agree to defend, indemnify and hold harmless Dayboox, its parent corporation, subsidiaries and affiliates and their respective officers, directors, partners, employees and agents, from and against any and all claims, damages, obligations, liabilities, losses, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Dayboox Website in violation of this Terms of Service Agreement; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim of damage to a third party by one of your User Submissions that causes Dayboox to be liable to another. This defense and indemnification obligation will survive these Terms of Service and your use of the Dayboox Website.

13. Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dayboox without restriction.

14. Applicable Law: These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the remaining provisions of these Terms of Service shall remain in full force and effect.

15. No waiver of rights by Dayboox: The failure of Dayboox to exercise or enforce any right or provision of this Terms of Service Agreement shall not operate as a waiver of such right or provision. Dayboox reserves the right to amend these Terms of Service at any time and without notice. You agree that it is your responsibility to review these Terms of Service periodically and that Use of the Dayboox Website following any amendment of these Terms of Service will signify your acceptance of its revised terms.

16. Ability to Accept Terms of Service: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Dayboox Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Dayboox Website without your parents permission.