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This Agreement is a legally binding contract between you and Primary Goods Media LLC. To access the Primary Goods Daily Email or Site, you must be able to enter into a legally binding contract, and represent that you are at least 18 years old or, if a business, duly organized and legally in good standing.
The Primary Goods Daily Email and Web site (the “Daily Email,” "Web Site", “Website”, “Site” or “PrimaryGoods.com”) is provided by Primary Goods Media LLC (“Primary Goods”) and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (collectively, the “Terms and Conditions”), and the rules that may be published from time to time by Primary Goods. By using the daily email or site, you are deemed to have agreed to these terms and conditions of use. Primary Goods may change the Terms and Conditions from time to time and at any time, and without notice to you. All such changes to these Terms and Conditions will appear on PrimaryGoods.com. By using the daily email or site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of Use, please do not use the daily email or site.
The Daily Email and Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through the daily email and site (collectively, the “Services”) are provided to you solely for entertainment and informational purposes. By using the Daily Email, Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, the Contribution form and any registration form(s). If any information provided by you is untrue, inaccurate, not current or incomplete, Primary Goods reserves the right to terminate your subscription and refuse any and all current or future use by you of the Services.
Without limitation of the foregoing, you agree to not use the Daily Email, Web Site or Services to:
You also agree that you will not harvest, collect or store information about the users of the Daily Email, Web Site or the Content posted by others on the Daily Email, Web Site or use such information for any purpose inconsistent with the purpose of the Daily Email, Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Primary Goods is not responsible for material submitted to Primary Goods or posted to the Daily Email or Web Site by users. Primary Goods does not pre-screen, monitor, review or edit the Content posted by users. However, Primary Goods and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Primary Goods’ judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Primary Goods is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Primary Goods. You agree to immediately notify Primary Goods of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Primary Goods may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Primary Goods, its users or the public.
You understand that the technical processing and transmission of the Daily Email and Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Primary Goods assumes no responsibility for the deletion, alteration or failure to store postings, Contributions or other information submitted by you or other users to the Daily Email or Web site.
Any or all Content on the Daily Email and Web Site may be purged periodically in Primary Goods’ sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Primary Goods or submitted to Primary Goods, including Content. You further acknowledge and agree that the views expressed on the Daily Email and Web Site do not necessarily reflect the views of Primary Goods, and Primary Goods does not support or endorse Content (including any Contribution, whether or not edited by Primary Goods or its designee or presented on the Daily Email or Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All mobile and wireless charges applicable to your use of the Web Site or the Services are billed by and payable to your mobile service provider.
We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS-IS basis.
Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.
The content on the Daily Email and Web Site is intended for entertainment and informational purposes only. Except as expressly permitted, you agree not to use the Daily Email or Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Daily Email or Web Site. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Daily Email or Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Daily Email or Web Site.
In operating the daily email and site, Primary Goods does not solicit, nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Daily Email or Web Site or Primary Goods mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Primary Goods, will be deemed not to be confidential or secret. By submitting or sending information or other material to Primary Goods, you represent and warrant that the information is original to you and that no other party has any rights to the material.
By communicating with Primary Goods, including submitting or sending Content, a Contribution or other information or material to the Daily Email or Web Site, you grant Primary Goods the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Primary Goods feature.
You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Primary Goods.
You also warrant that any "moral rights" in posted materials have been waived.
We use commercially reasonable technical and organizational measures to help secure and safeguard your data in our possession. However, no data transmission over the Internet is completely secure and no security mechanism is impenetrable. Therefore, although we take steps to protect your data, we cannot guarantee the security of the data that we collect from you or the security of our servers or the Site. By accessing the Site, any transmission of data is at your own risk and you agree to assume all risk in connection with data sent to us or collected by us.
You may be able to link to third parties' Websites ("Linked Sites") from the Daily Email or Web Site. Linked Sites are not, however, reviewed, controlled, or examined by Primary Goods in any way and Primary Goods is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Primary Goods’ endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Primary Goods be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any such concerns to that site's administrator or webmaster. Primary Goods reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Daily Email or Web Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to the Daily Email or the Web Site. To seek our permission, you may write to Primary Goods. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Daily Email or Web Site, at our discretion at any time.
From time to time, Primary Goods mentions and recommends products within editorial articles and on the Primary Goods Shop. If you purchase a product or service mentioned, Primary Goods may receive compensation from an affiliate partner. If you click on a link that takes you to an affiliate partner site and subsequently make a purchase, Primary Goods might receive compensation from that partner for that transaction. In outlining these affiliate terms herein, Primary Goods is hereby released from its obligation to provide additional disclosure elsewhere on the Web Site.
Regardless of compensation, we seek to provide recommendations to our readers and all products and services on the site reflect the honest opinions of Primary Goods editors and writers.
Our Affiliates include or have included (not a complete list and the parties are subject to change at any time): Amazon Associates, RewardStyle, Shopify, Skimlinks, and NMRKT.
From time to time, Primary Goods may offer as part of the Services, either on or through the Daily Email and the Web Site, contests, promotions, simulations or games (collectively, "Games"). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Primary Goods. Registered users (each, a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. Primary Goods, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release Primary Goods and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Game located on, or accessed through, the Daily Email or Web Site. Primary Goods is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Daily Email or Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Primary Goods is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
Primary Goods reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
All materials contained in the Daily Email and Web Site are the copyrighted property of Primary Goods and its affiliates or licensors. As between Primary Goods and you, Primary Goods is the sole owner of all content on the Daily Email and Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Daily Email or Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Daily Email or Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
The Daily Email and Web Site are not intended to be a children’s site, therefore, some of the available information may concern topics that may not be appropriate for children. Primary Goods may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Primary Goods may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid those restrictions.
Primary Goods items are selected by our editors. That said, on occasion, we will send out "advertorial" emails on behalf of sponsors. You'll recognize them from the subject line, which will indicate that the email is advertorial. Advertorial emails are paid for. When you sign up for Primary Goods you are agreeing not only to get our content delivered to you free, but also to occasionally receive one of these advertorial emails from our sponsors. If you would prefer not to get these emails, just unsubscribe from all editions of Primary Goods (unfortunately you won't be getting any Primary Goods emails anymore).
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.
THE DAILY EMAIL AND WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS'' AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, PRIMARY GOODS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE DAILY EMAIL OR WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE DAILY EMAIL OR WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. PRIMARY GOODS DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE DAILY EMAIL OR WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE DAILY EMAIL OR WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
PRIMARY GOODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE DAILY EMAIL OR WEB SITE. YOU (AND NOT PRIMARY GOODS OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL PRIMARY GOODS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE DAILY EMAIL, WEB SITE OR THE SERVICES , EVEN IF PRIMARY GOODS OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE DAILY EMAIL OR WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PRIMARY GOODS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a written request by Primary Goods, you agree to defend, indemnify and hold Primary Goods, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Daily Email, Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Primary Goods reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Primary Goods in asserting any available defense.
We respect the intellectual property rights of others, and require that the people who use the Primary Goods Daily Email and Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Please kindly note that the contact information below is for copyright matters only. For all other inquiries, please contact us at team@primarygoods.com.
Office of the General Counsel – ℅ Primary Goods Media LLC
2810 North Church St. (#19454), Wilmington, DE 19802
You agree that the laws of the State of Delaware, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Daily Email and Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Primary Goods or relating in any way to your use of the Daily Email and Web Site resides in the courts of the State of Delaware , and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware, in connection with any such dispute and including any claim involving Primary Goods or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate the daily email and site from our offices in Los Angeles, California. We do not represent that materials on the daily email and site are appropriate or available for use outside of Los Angeles, California. Persons who choose to access the daily email and site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to email us at team@primarygoods.com.
Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
Primary Goods reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Primary Goods may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy, the daily email or the site in general, please email us at team@primarygoods.com
Thank you for taking the time and interest to review our policies at Primary Goods.
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