Terms of Use

The services provided by DailySplice on its website are subject to the following terms of use (TOU). DailySplice reserves the right to change the TOU at any time without notification. The latest TOU can always be found by clicking the terms of use hyperlink on DailySplice. If you do not agree to the TOU, please do not use DailySplice services.

Description of Services

DailySplice provides a variety of features in this release which include submitting podcast RSS feeds, managing publishing schedules, subscribing to personal Splice feeds, and discussing/rating/tagging podcasts. These features, collectively known as "Services" may be changed or removed at any time, and a final version may never be released. DailySplice does not claim ownership of any content submitted by users.

Access to Services

In order to access certain sections of the site, you must provide a username and password. To request access to the DailySplice these sections, please you may sign up or email info@dailysplice.com. DailySplice reserves the right to restrict or remove access or to at any time without notice. You are entirely responsible for any and all activities that occur in your account, and for keeping your password secure. You agree to inform DailySplice if any breach of security occurs and may be responsible for any resulting damages to DailySplice. You may not use or attempt to gain access to any account other than your own, and you may not allow anyone other than yourself to use your account. DailySplice is not responsible for any losses resulting from use of the services.

Usage Policy

Your access to the site has been granted for evaluation purposes only and for providing feedback to DailySplice. You may use all content submitted to DailySplice by yourself or others within the group of users and in your personal media delivery software and hardware such as iTunes and iPod. Otherwise, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. You may not use this service where it may violate others' terms of use. You also may not use the services or the Web site to: (i) publish falsehoods or misrepresentations that could damage DailySplice or any third party; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (iv) impersonate another person or company. In addition, you may not use the services in any manner that could damage, disable, overburden, or impair any DailySplice server, or the network(s) connected to any DailySplice server, or interfere with any other party's use and enjoyment of any Services.

Intellectual Property Rights; No Warranty; Liability Limitations

All content or software provided as part of the Service or in the Web Site, except user submitted content including all submitted podcasts and preloaded or recommended podcast content, is owned by DailySplice, and are Copyright 2008 DailySplice Technologies Inc. DailySplice or DailySplice Technologies Inc. is a trademark in Canada and/or other countries. Third-party trademarks, service marks and logos contained in the Web site are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved. Dailysplice undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. Claims may be made by contacting DailySplice at info@dailysplice.com or sent to DailySplice Technologies Inc. 120 Olive Street, Victoria BC, Canada, V8S 3H3. DAILYSPLICE TECHNOLOGIES INC., ITS SUPPLIERS, AND OTHER LICENSORS OF CONTENT PROVIDE THE SERVICES AND CONTENT "AS IS" AND DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES AND THE CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL DAILYSPLICE AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION OR CONTENT AVAILABLE FROM THE SERVICES. DAILYSPLICE AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), SERVICES, CONTENT, AND/OR PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

User Mash-ups

The services include a tool that allows you to combine a copy of two or more individual podcasts RSS feeds, a web page where you can listen to your resulting work, and an RSS feed which you can receive your resulting work on your own RSS software. All the materials that you create using the services are referred to in this TOU as "Mash-ups." DailySplice does not claim ownership of or endorse Mash-ups and disclaims any liability with respect to users' Mash-ups. However, by creating or subscribing to your Mash-up, you are granting:

DailySplice and its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up rights: (1) to make, have made, use, copy, reproduce, modify, and create derivative works of the Mash-ups, (2) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell and sell, rent, lease, or lend copies of the Mash-ups (and derivative works thereof), (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, and (4) to publish your name or alias in connection with your Mash-ups; and ii. permission to each user of the Mash-ups to access your Mash-ups through the Web site to use, modify, copy, distribute, transmit, display, perform, reproduce, publish, and create derivative works of your Mash-ups as permitted through the functionality of the Web site and under the TOU; and to publish your name or alias as it appeared within your Mash-ups.
You may completely remove your Mash-ups at any time from the Web site, but such removal will not affect any licenses that you granted in connection with the Mash-ups prior to the time you completely removed them. No compensation will be paid for your Mash-ups or for the permissions you have granted above.

To help make your contributions safe and freely usable by others in this alpha program, you warrant that:

you own or otherwise have all rights necessary for you to create the Mash-ups and grant the rights described above; and

YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT MATERIAL THAT IS SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, OR THAT IS IN BREACH OF ANY APPLICABLE TERMS OF USE, API USAGE POLICIES, OR OTHER TERMS FOR ANY THIRD-PARTY WEBSITES.

Feedback; Unsolicited Idea Submission Policy

If you give DailySplice feedback about the services, you are granting DailySplice, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their Internet businesses, including, without limitation, the right to sublicense such rights to any supplier of the services. No compensation will be paid with respect to the use of your feedback. These sublicense rights survive this TOU. Any unsolicited original creative artwork, samples, demos, or other works or unsolicited ideas sent to DailySplice or anyone at DailySplice will be not be considered by DailySplice or it's employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when DailySplice's products, services or marketing strategies might seem similar to ideas submitted to DailySplice. If you still send them that DailySplice makes no assurances that your ideas or materials will be treated as confidential or proprietary.

Links to Third Party Sites/Services Provided at Those Sites.

DAILYSPLICE NOT RESPONSIBLE FOR THE CONTENTS OR SERVICES OF ANY LINKED OR CONNECTED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DAILYSPLICE OF THE SITE OR SERVICES YOU MAY OBTAIN FROM SUCH SITE. DAILYSPLICE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR QUALITY OF THE SERVICES YOU MAY OBTAIN FROM THE THIRD PARTY SITE AND DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO ANY SUCH THIRD PARTY SERVICES. IN NO EVENT SHALL DAILYSPLICE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE THIRD PARTY SITE OR YOUR USE OR PERFORMANCE OF SERVICES OBTAINED BY YOU FROM THIRD PARTY SITES.