Terms and Conditions
(Last Modified Jan 7, 2025) Fialkov Digital Ltd. (“Fialkov,” “DailuUsDeal,” “we,” “us,” and “our”) provides you access to its interactive online websites and services subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before using this website or other services that we provide. By accessing or using our website or our services (other than to read this for the first time), you agree to these Terms and Conditions.These Terms and Conditions (also sometimes referred to as the “User Agreement”), together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of any of our websites, and your use of any other services we provide, including our search application software (“Search Application”), surveys, reviews, newsletters, panels, communities or other services (collectively, our “Service”). Our websites include DailyUsDeal.com and all other websites on which we place these Terms and Conditions (collectively, our “Site”). We may from time to time modify or change the Terms and Conditions (see Section 17). Any revised version of the Terms and Conditions will be posted on our Site and will govern your future use of our Site and Service, so you should return to our Site periodically to review these Terms and Conditions. If you do not agree to the revised version, you must immediately stop using our Site and Service.
Our Services include, among other things, delivering search results for products and services offered by third-party Merchants. We are NOT a party to any transaction you may enter with Merchants. If you have any questions, concerns or claims regarding a product or service you purchased by initiating a search using our Services, please address these to the relevant Merchant.
1. Intellectual Property
Our Site, Service, and related content (and any derivative works or enhancements thereof) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, “Site Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Site or Service are owned by us, our licensors, or both. Except for the limited use rights granted in these Terms and Conditions, you shall not acquire any right, title or interest in our Site or Service. Any rights not expressly granted in these Terms and Conditions are expressly reserved.2. Access or Using Our Service
(a) To access or use certain content or features of our Site or Service, you may need to provide us certain information or establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or if you are barred under applicable laws. If you are under 18, please review these Terms with your parents or legal guardians.(b) Whenever you submit information to us, you agree to provide true, accurate, and complete information and to update such information promptly if it changes.
(c) Accounts: We may impose restrictions on your ability to establish an account (e.g., age limits, number of accounts, etc.). When registering, you may need to select a username (“ID”) and password. You are responsible for keeping your account information confidential and for all activities under your account. You agree to notify us immediately of any breach of security or unauthorized use of your account.
3. Limitation, Suspension or Termination
(a) We may, at our sole discretion, temporarily or permanently change, limit, suspend, or terminate your access to our Site or Service (including any Site Content or User Content) without prior notice. Such actions may be based on changes to our business practices, violations of these Terms, or any other lawful reason. You agree that we are not liable for any such action.(b) Any limitation, suspension, or termination does not alter your obligations under these Terms. Provisions that by their nature should survive such actions shall remain in full force and effect.
4. Acceptable Use
(a) Our Site and Service (including Site Content and User Content) are provided for your personal, non-commercial use only. When using our Site or Service, you agree to comply with these Terms and all applicable laws. You may use the Services only for lawful purposes.(b) Except as expressly permitted, you may not:
- Use our Site or Service in an unlawful or fraudulent manner.
- Modify our copyright, trademark, or other proprietary notices, or interfere with security features.
- Manipulate or distort reviews and ratings.
- Transmit or upload material that violates our content standards.
- Transmit unsolicited or unauthorized advertising.
- Transmit data that contains harmful programs.
- Reverse engineer or decompile any portion of our Site or Service.
- Use automated means to monitor or copy our Site or its content.
(c) You agree to cooperate fully with us to investigate any suspected or actual breach of these Terms.
5. User Content
(a) You may post, upload, transmit, or otherwise provide messages, text, images, files, graphics, comments, sounds, music, videos, and other content (“User Content”) through our Site or Service.(b) You agree not to submit any User Content that infringes on copyright, trademark, patent, or other proprietary rights without the necessary permissions. You are solely liable for any damage resulting from such submissions.
(c) We may monitor, edit, or remove any User Content that violates these Terms, though we are under no obligation to do so.
(d) By submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, distribute, create derivative works of, publicly display, and transmit your content, and you waive any moral rights in connection therewith.
6. Reliance on Site Information
(a) Information available through our Site or Service is provided for educational, entertainment, and promotional purposes only. We do not guarantee the accuracy, completeness, or currency of any content.(b) Should a dispute arise from information on our Site or Service, you agree that we have no obligation to intervene, and you release Fialkov Digital Ltd. and its affiliates from any related claims.
7. Online Merchants and Third Parties
(a) Your transactions with online merchants or other third parties via our Site or Service are solely between you and the third party. Their terms and policies apply to such transactions.(b) We make no warranties or assume any liability regarding the quality, delivery, or pricing of goods or services from third parties.
8. Limits on Our Liability
(a) UNDER NO CIRCUMSTANCES SHALL Fialkov Digital Ltd. OR ITS ASSOCIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, even if advised of the possibility of such damages, arising from or in connection with our Site, Service, or these Terms.(b) In no event shall our cumulative liability exceed $100. Any claim must be brought within one (1) year from the incident.
9. Disclaimer of Warranties
(a) TO THE FULL EXTENT PERMITTED BY LAW, OUR SERVICES AND ALL RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. Your use of our Site or Service is at your own risk.(b) Some state laws do not allow limitations on implied warranties. If such laws apply, you may have additional rights.
10. Indemnification
You agree to indemnify and hold harmless Fialkov Digital Ltd. and its affiliates from any claims, liabilities, losses, damages, or expenses (including reasonable attorneys’ fees) arising from your use of our Site or Service, your User Content, or any breach of these Terms.11. Dispute Resolution and Mandatory Arbitration
(a) In the event of any dispute, you agree to contact us in writing with a detailed description of the issue so that we may attempt to resolve it informally.(b) If the dispute remains unresolved for 45 days, it may be submitted to binding arbitration administered by the HKIAC under its rules.
(c) Any dispute between us, including claims against agents, employees, successors, or assigns, shall be resolved by binding arbitration.
(d) This arbitration agreement is governed by the Federal Arbitration Act (“FAA”).
(e) Claims must be brought in an individual capacity and not as part of a class-wide action. If any court or arbitrator finds this restriction unenforceable, this arbitration clause will not apply.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.13. No Class Actions
TO THE EXTENT PERMITTED BY LAW, WE WAIVE ANY RIGHT TO PURSUE CLAIMS ON A CLASS-WIDE BASIS, including joining a claim with others or acting as a representative.14. No Trial by Jury
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.15. Copyright Infringement
(a) We may remove or disable access to any material that infringes on copyright at our sole discretion.(b) In accordance with the DMCA, Fialkov Digital Ltd. will respond to notices of alleged copyright infringement regarding material on our Site.
(c) Your infringement notification must include: an electronic or physical signature, a description of the copyrighted work, a description of where the infringing material is located, your contact information, and a statement of your good faith belief.
(d) Send your notice of copyright infringement to:
General Counsel
Fialkov Digital Ltd.
Legal Department
2255 Glades Rd, Boca Raton, FL, USA
office@fialkov.co.il
16. Updates
We reserve the right to add or remove features or functions to our Service. The Search Application may automatically download and install updates without prior notification. Such updates may include bug fixes, enhanced functionality, or new software modules. If updates materially affect your use of the Service, we will make a best effort to notify you.17. Amendment; Additional Terms
(a) We may update or modify these Terms or provide additional operating rules (“Additional Terms”) from time to time. In case of a conflict, the Additional Terms will control.(b) Modifications will be effective upon notice via our Site or email, and by your continued use of our Site or Service, you agree to such changes. If you disagree with any modifications, you must stop using our Service.
18. Other Terms
(a) If a translation of these Terms is provided, the English version shall govern in the event of any conflict.(b) No waiver of any breach or default shall be deemed a waiver of any preceding or subsequent breach.
(c) If any part of these Terms is deemed unenforceable, only that part shall be stricken, and the remaining provisions shall remain in effect.
(d) You may not assign these Terms or delegate any obligations without our prior written consent.
(e) These Terms, together with our Privacy Policy and any Additional Terms, constitute the entire agreement between you and Fialkov Digital Ltd. Any modifications or enhancements to the Search Application remain our sole property. We reserve the right to investigate any violations and may cooperate with law enforcement. You agree to install anti-virus software and other necessary protections. The Search Application, the Site, and associated components are licensed, not sold, to you. All trademarks, service marks, code, and documentation remain our property or that of our licensors. For details on data collection and use, please see our Privacy Policy at https://dailyusdeal.com/privacy-policy. You may terminate these Terms by uninstalling the Search Application. We may terminate your access at any time, with or without cause.