These terms and conditions between you and Today In Media Group LLC, a Delaware limited liability company, govern your use of Today In Media Group and its entities (such as todayinjoy.com the “Website”), the Today In Joy email newsletter (“Newsletter”), and further Today In Media Group contract partners. The Website, Newsletter, and Contract Partners are referred to jointly as “Today In Media Group”; by using Today In Media Group, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use Today In Media Group.
You may use Today In Media Group and it’s entities (such as todayinjoy.com) only if you can form a binding contract with Today In Media Group LLC, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Today In Media Group by anyone under 18 is strictly prohibited and in violation of this Agreement. The Today In Media Group is not available to any Users previously removed by Today In Media Group LLC or its Contract Partners.
License to use Today In Media Group
Unless otherwise stated, Today In Media Group LLC owns the intellectual property rights in Today In Media Group and material in the Today In Media Group. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from Today In Media Group for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- sell, rent or sub-license material from Today In Media Group;
- reproduce, duplicate, copy, or otherwise exploit material on Today In Media Group for a commercial purpose;
- republish material from Today In Media Group (including republication on another website or app) except for as provided in Permitted Sharing below;
- show any material from Today In Media Group in public except for as provided in Permitted Sharing below;
- edit or otherwise modify any material in Today In Media Group; or redistribute material from Today In Media Group without permission from Today In Media Group LLC except as provided in Permitted Sharing below;
- use a group inbox to subscribe to the Newsletter, or;
- share Newsletters beyond the limits provided in Permitted Sharing below. If more than one person in your company wants regular access to the Newsletter, Today In Media Group offers volume pricing for multiple subscriptions.
Violation of any of these restrictions (or any other of the Terms of Service) shall result in immediate account termination without warning and without refund. Moreover, any violation of these restrictions may further subject you to liability for violation of Today In Media Group’s intellectual property rights and further claims and damages.
A subscription is for one person only.
Free newsletters may be forwarded without limit.
Premium newsletters may be forwarded privately to a friend(s) or colleague(s) no more than four times per month provided it does not result in the Newsletter’s publication in any form.
You may take a screenshot of partial content from Today In Media Group for the purpose of sharing privately or on social media no more than four times per month provided such publication includes attribution to Today In Media Group.
You may reproduce a reasonable excerpt from Today In Media Group for a blog post or other publication provided such publication includes attribution and link to todayinjoy.com. Such excerpt shall not to exceed 40% of content in the originating Today In Media Group.
Today In Media Group LLC reserves the right to terminate any or all of these exceptions at any time globally or on an individual user basis.
You must not use the Today In Media Group in any way that causes, or may cause, damage to Today In Media Group, Contract Partners, or impairment of the availability or accessibility of Today In Media Group; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Today In Media Group.
You must not use Today In Media Group for any purposes related to marketing without Today In Media Group LLC’s express written consent.
Access to certain areas of the Website is restricted. Today In Media Group LLC reserves the right to restrict access to other areas of this website, or indeed this entire website, at Today In Media Group LLC’s discretion.
If Today In Media Group LLC provides you with a user ID and password to enable you to access the Newsletter or restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
If Today In Media Group LLC provides you with an RSS feed that includes restricted content, you may not share that feed or use it in any application other than an RSS feed reader. Today In Media Group LLC may disable your RSS access at any time at its sole discretion without notice or explanation.
Today In Media Group LLC may disable your user ID and password in Today In Media Group LLC’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Today In Media Group LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Today In Media Group LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Today In Media Group LLC, the Contract Partners, or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Today In Media Group LLC reserves the right to edit or remove any material submitted to this website, or stored on Today In Media Group LLC’s servers, or hosted or published upon this website.
Notwithstanding Today In Media Group LLC’s rights under these terms and conditions in relation to user content, Today In Media Group LLC does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
By posting any user content on the Website, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Today In Media Group LLC a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website, Newsletter, and any other product now existing or later developed by Today In Media Group LLC (and its successors’, affiliates’, and Contract Partners) including without limitation for promoting and redistributing part or all of Today In Media Group (and derivative works thereof) in any media formats and through any media channels.
To Other Users: You also hereby grant each user of Today In Media Group a non-exclusive license to access your user content.
NOTHING IN THE NEWSLETTER, WEBSITE, AND/OR TODAY IN MEDIA GROUP, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TODAY IN MEDIA GROUP LLC, ITS CONTRACT PARTNERS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT TODAY IN MEDIA GROUP WILL MEET YOUR REQUIREMENTS; THAT TODAY IN MEDIA GROUP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT TODAY IN MEDIA GROUP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TODAY IN MEDIA GROUP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF TODAY IN MEDIA GROUP.
TODAY IN MEDIA GROUP LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY CONTRACT PARTNERS OR ANY THIRD PARTY THROUGH TODAY IN MEDIA GROUP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TODAY IN MEDIA GROUP LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND CONTRACT PARTNERS OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TODAY IN MEDIA GROUP LLC, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, CONTRACT PARTNERS, SUPPLIERS OR LICENSORS (“LIMITED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITE OR NEWSLETTER, THE GOODS OR USE OF, OR INABILITY TO USE, TODAY IN MEDIA GROUP. UNDER NO CIRCUMSTANCES WILL THE LIMITED PARTIES BE RESPONSIBLE FOR ANY DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN TODAY IN MEDIA GROUP. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL THE LIMITED PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY INFORMATION CONTAINED IN TODAY IN MEDIA GROUP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) VIOLATION OF ANY PERSON OR ENTITIES INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TODAY IN MEDIA GROUP LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, CONTRACT PARTNERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TODAY IN MEDIA GROUP LLC HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIMITED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Today In Media Group is controlled and operated from its facilities in the United States. Today In Media Group LLC and its Contract Partners make no representation that Today In Media Group is appropriate or available for use in other locations. Those who access or use Today In Media Group from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
By using Today In Media Group, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website or Today In Media Group.
You accept that, as a limited liability entity, Today In Media Group LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Today In Media Group LLC’s members, managers, officers, Contract Partners, or employees in respect of any losses you suffer in connection with Today In Media Group.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Today In Media Group LLC’s members, managers, officers, employees, agents, subsidiaries, successors, Contract Partners, assigns and sub-contractors as well as Today In Media Group LLC.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Today In Media Group LLC along with its members, managers, officers, employees, agents, subsidiaries, successors, Contract Partners, assigns and sub-contractors (“Indemnified Parties”) and undertake to indemnify and hold harmless the Indemnified Parties against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to Today In Media Group LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Today In Media Group LLC may take such action as Today In Media Group LLC deems appropriate to deal with the breach, including suspending your access to Today In Media Group, prohibiting you from accessing Today In Media Group, blocking computers using your IP address from accessing Today In Media Group, contacting your internet service provider to request that they block your access to Today In Media Group and bringing legal proceedings against you.
Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Today In Media Group must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Today In Media Group at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. There are no refunds.
Today In Media Group LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of Today In Media Group from the date of the publication of the revised terms and conditions on this Newsletter and/or Website. Please check this page regularly to ensure you are familiar with the current version.
Today In Media Group LLC may transfer, sub-contract or otherwise deal with Today In Media Group LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Today In Media Group LLC in relation to your use of Today In Media Group, and supersede all previous agreements in respect of your use of Today In Media Group.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Delaware, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Delaware.
California Consumer Rights Notice
California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:
If you have a question or complaint about Today In Media Group LLC, our products, or our Site, please contact us via e-mail at email@example.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
Today In Media Group LLC’s mailing address is 455 N Whisman Rd #400, Mountain View, CA, 94043. You can contact Today In Media Group LLC by email to firstname.lastname@example.org.
Updated November 18, 2020