Daily Testify is a Christian/Family Friendly social networking community. Our vision is to provide a Christ honoring and uplifting atmosphere for our members. Our intentions are to eliminate misleading, profane and provocative content. We will monitor daily activities and reserve the right to remove any content that is not appropriate with our vision. We look forward to our members having a great fellowship with each other. We welcome you and Pray you will be encouraged by what you see and read at Daily Testify. 

DAILY TESTIFY TERM AND AGREEMENTS

 

Last updated: 12/31/2019 

 

Please read the following terms of service agreement carefully, by accessing or using our website (Daily Testify) or our services, you hereby agree to be bound by these terms and conditions and all terms incorporated herein by reference. It is the responsibility of you, the user, customer or prospective customer to read the terms and conditions before proceeding to use this site. IF you do not expressly agree to all of the terms and conditions, then please do not access or use our site or our services. 

The present terms and conditions is a legal agreement between you and Daily Testify, a company duly organized and validly existing at 465 Jim Best Road, Mount Olive, North Carolina 28365. This agreement annuls and voids all previous agreements. 

OVERVIEW 

The site (www.dailytestify.com) is operated by Philip Waters. Throughout the site, the terms “we”, “us” and “our” refer to Philip Waters/Daily Testify. Philip Waters offers this site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  

By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions. These terms apply to all users of the site including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this agreement and any additionally terms or policies referenced herein, the provisions of the additional terms or polices shall control.  

Please read these terms carefully before accessing or using our site. By accessing or using any part of this site, you agree to be bound by these terms. If you do not agree to all the terms of this agreement, then you may not access the site or use any service. If these terms are considered an offer, acceptance is expressly limited to these terms. 

Any new features or tools which are added to the current store shall also be subject to the terms. You can review the most current version of the terms at any time on this page. We reserve to right to update, change or replace any part of these terms by posting updates and/or changed to our site. It is your responsibility to check this page periodically for changes. Your continued use of our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to our site following the posting of any changes constitutes acceptance of those changes. 

 

SECTION 1 – GENERAL TERMS 

 

By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products or site for ANY illegal or unauthorized purpose nor may you, in the use of our products or site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

A branch or violation of any of the terms will result in an immediate termination of your account and right to use our service. 

We have the right, but not the obligation to take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice. 

  1. Restrict, suspend or terminate your access to all or any part of our site. 

  1. Change, suspend or discontinue all or any part of our products or site. 

  1. Refuse, move or remove any content that is available on all or any part of our site. 

  1. Deactivate or delete your accounts 

  1. Establish general practices and limits concerning use of our site. 

You agree that we will not be liable to you or any third party for taking any of these actions. 

You understand and agree that our site may include communications such as service announcements and administrative or legal notices from us, please note that you cannot opt out of receiving these notices. 

You understand that your consent (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changed to conform and adapt top technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the site or any contact on the site, without express written permission by us. 

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Content is not for resale. Use of the site does not entitle users to make any unauthorized use of any protected content and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you and licenses, express or implied, to the intellectual property of our licenses except as expressly authorized by these terms.  

 

SECTION 2- CREATING AN ACCOUNT 

 

Once you create an account with us you are registered on the site. The terms “member” , “membership” and “account” all refer to this registration as a member on this site. If you are merely surfing or browsing through the site and have not yet created an account, your use of the site is still subject to this agreement, if you do not agree to this agreement, do not use this site. 

When you create an account, you will provide a unique password along with your email. Any activities that occur under your email or password are your responsibility. It is important for you to keep your email and/or password secure. You may not be assigned or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your email or password without your authorization.   

Furthermore, the registering party hereby acknowledges, understands and agrees to: 

  1. Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and 

  1. Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. 

If anyone knowingly provides any information of a false, untrue inaccurate or incomplete nature, Daily Testify will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the agreement, and as such refuse any and all current or future use of Daily Testify services, or any portion thereof. 

 

SECTION 3 – CONDUCT 



 

As a user or member of the site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available. 

Furthermore, you herein agree not to make use of Daily Testify’s services for the purpose of: 

  1. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threating, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;  

  1. Causing harm to minors in any manner whatsoever; 

  1. Impersonating any individual or entity, including but not limiting to, any officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; 

  1. Forging captions, heading or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

  2. Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.

  3. Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

  4. Uploading, posting, emailing, transmitting or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail”, “spam”, or any other form of solicitation, except in any such areas that may have been designated for such purpose;

  5. Uploading, posting, emailing, transmitting or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment.

  6. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;

  7. Interfering with or disturbing and Daily Testify services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device or software and/or routine to bypass the robot exclusion headers;

  8. Intentionally or unintentionally violating any local, state, federal, national or international law, including but not limited to, rules guidelines, and/or regulations decreed by the U.S securities and exchange commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, any regulations having the force of law.

  9. Providing informational support or resources, concealing and/or disguising the character, location, and/or source to any organization delegated by the US government as a “foreign terrorist organization”.

  10. “Stalking” or with the intent to otherwise harass another individual; 

  11. Collecting or storing an personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

 

Daily testify herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and delete any such content that would violate the terms or which would otherwise be considered offensive to other members, visitors and users.

 

Daily Testify herein reserves the right to access, preserve and/or disclose a members account information and content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  1. Compliance with any legal process

  2. Enforcement of the terms

  3. Responding to any claim that therein contained content is in violation of the rights of any third party

  4. Responding to requests for customer service

  5. Protecting the rights, property, or the personal safety of Daily Testify, its visitors, users, and members, including the general public

 

Daily Testify herein reserves the right to include the use of security components that may permit digital information or material to be protected and that such use of information and material is subject to usage guidelines and regulations established by Daily Testify or any other content providers supplying content services to Daily Testify. You hereby are prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services. Furthermore unauthorized reproduction, publication, distribution or exhibition of any information or materials supplied by our services, despite whether done so in whole or in part, is expressly prohibited.

 

SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE

 

Due to the global nature of the internet through the use of our network, you hereby agree to comply with all local rules relating online conduct and that which is considered acceptable content. Uploading, posting, and/or transferring of software, technology and other technical data may be subject to the export and import laws of the US and possible other countries. Though the use of our network, you thus agree to comply with all applicable export and import laws, statues and regulations including but not limited to the export administration regulations. Furthermore you state and pledge that you:

  1. Are not on the list of prohibited individuals which may be identified on any government exports, exclusions, reports

  2. Agree not to transfer any software, technology or any other technical data through the sue of our network services to any export-prohibited country

  3. Agree not to use our website network services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the US export laws

  4. Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the US or other applicable export and/or import laws.

 

SECTION 5 – SUBMITTED CONTENT

 

Daily Testify shall not law claim to ownership of any content submitted by and visitor, member or user. Nor make such content available for inclusions on our website. Therefore, you hereby grant and allow for Daily Testify the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. The content submitted or made available for inclusions on the publicly accessible areas of Daily Testify’s site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Daily Testify’s site and shall terminate at such time when you elect to discontinue your membership.

  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Daily Testify’s site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network services are for the sole purpose of providing and prompting the specific area in which this content was placed and made available for viewing. This license shall be available so long as you are a member of Daily Testify’s site and shall terminate at such time when you elect to discontinue your membership.

  3. For any reason other content submitted or made available for inclusion on the publicly accessible areas of Daily Testify’s site, the continuous, binding and completely sublicensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content , whether in whole or in part and the incorporation of any content into other works in any arrangement or media, current used or later developed.

 

Those areas which may be deemed “publicly accessible” areas of Daily Testify’s site are such areas of our network properties, which are meant to be available to the general public and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public and thus available to members only, would include our mail system and instant messaging.

 

CONTRIBUTIONS TO COMPANY WEBSITE

 

Daily Testify may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and or proposals (Contributions) to our site, you acknowledge and agree that:

 

  1. Your contributions do not contain any type of confidential or proprietary information

  2. Shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any contributions

  3. Shall be entitled to make use of and/or disclose any such contributions in any such manner as they may see fit

  4. Is under no obligation to either compensate or provide any form of reimbursement in any manner or nature

 

SECTION 6 – INDEMNITY 

 

All users and/or members agree to insure and hold Daily Testify, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available though our services or your connection with these services, your violation of the Terms of Services and/or your violation of any such rights of another person.

 

SECTION 7 – COMMERCIAL REUSE OF SERVICES

 

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Daily Testify’s site.

 

SECTION 8 – MODIFICATIONS

 

Daily testify reserves the right at any time it may deem fit to modify, alter or discontinue whether temporarily or permanently, our service or any part thereof with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services or any part thereof.

 

Section 9 – TERMINATION

 

As a member of www.dailytestify.com you may cancel or terminate your account associated email address and/or access to our services by submitting a cancellation or termination request to.

 

As a member, you agree that Daily Testify may without and prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account and access to any of our services. The cause for such termination of access shall include but not limited to:

 

    1. Any breach or violation of our terms or any other incorporated agreement, regulation and/or guideline

    2. By way of requests from law enforcement or any other governmental agencies

    3. The discontinuance, alteration and/or material modification to our services or any part thereof

    4. Unexpected technical or security issues and/or problems

    5. Any extended periods of inactivity 

    6. Any engagement by you in any fraudulent or illegal activities 

    7. The nonpayment of any associated fees that may be owed by you in connection with your Daily Testify account services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to termination of your account, associated email address and/or access to any of our services.

 

The termination of your account with www.dailytestify.com shall include any and/or all of the following:

  1. Removal of any access to all or part of the services offered within Daily Testify

  2. The deletion of your password and any and all related information, files and any such content that may be associated with or inside your account or any part thereof

  3. The baring of any further use of all or part of our services

 

SECTION 10 – LINKS

 

Either Daily Testify or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources and as such we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials on or available from such third party sites or resources. Furthermore you acknowledge and agree that Daily Testify shall not be responsible or liable, directly or indirectly for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of the reliance on any such content, goods or services made available on or thorough any such site or resource.

 

SECTION 11 – PROPRIETARY RIGHTS

 

You do hereby acknowledge and agree that Daily Testify’s services and any essential software that may be used in connection with our services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Daily Testify or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Daily Testify services in whole or part.

 

Daily testify hereby grants you a personal non-transferable and non-exclusive right and/or license to make use of the object code of our software on a single computer as long as you do not and shall not allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the software. Furthermore, you do herein agree not to alter or change the software, including and without limitation, for the purpose of obtaining unauthorized access to our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by Daily Testify for use in accessing our services.

 

SECTION 12 – LIMITATION OF LIABLITLY 

 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DAILY TESTIFY AND OUR SUBSIDARIES, AFFLILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, CONFIDENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

    1. THE USE OR INABILITY TO USE OUR SERVICE

    2. THE COST OF PROCURING SUBSITUTE GOODS AND SERVICES

    3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA

    4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE

    5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE

 

SECTION 13 – NOTICE

 

Daily Testify may furnish you with notices, including those with regards to any changes to the terms, including but not limited to email, regular mail, MMS or SMS, test messages, posting on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the terms by accessing our services in an unauthorized manner. Your acceptance of this agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.

 

SECTION 14 – INTELLECTUAL PROPERTY RIGHTS

 

You herein acknowledge, understand and agree that all of the Daily Testify trademarks, copyright, trade name, service marks and other Daily Testify logos and any brand features, and/or product and service names are trademarks and as such are and shall remain the property of Daily Testify. You herein agree not to display and/or use any manner the Daily Testify logo or marks without obtaining Daily Testify’s prior written consent.

 

Daily Testify will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Daily Testify may disable and/or terminate the accounts of any user who violates our terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

    1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest

    2. A description of the copyright work or other intellectual property that you believe has been infringed upon

    3. A description of the location of the site which you allege has been infringing upon your work

    4. Your physical address, telephone number and email address

    5.  A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law

    6. And finally, a statement made under penalty of perjury that the aforementioned information in your notice is truthful and accurate and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owners behalf. 

The Daily Testify agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

 

 Mailing address:

 

Daily Testify

Attn: Philip Waters

465 Jim Best Rd.

Mount Olive, NC 28365

 

Telephone: (919) 738-3426

Email: info@dailytestify.com

 

SECTION 15 – ENTIRE AGREEMENT

 

This agreement constitutes the entire agreement between you and Daily Testify and shall govern the use of our services, superseding any prior versions of this agreement between you and us with respect to Daily Testify services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Daily Testify services, affiliate services, third party content or third-party software. 

 

 SECTION 16 – CHOICE OF LAW AND FORUM

It is the mutual agreement that both you and Daily Testify will regard to the agreement that the relationship between the parties shall be governed by the laws of the sate of NC without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the agreement or the relationship between you and Daily Testify shall be filed within the courts having jurisdiction within Duplin County NC or the US District Court located in said state. You and Daily Testify agree to subject to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

SECTION 17 - WAIVER AND SEVERABILITY OF TERMS

 

At any time, should Daily Testify fail to exercise or enforce any right or provision of the agreement, such failure shall not constitute a wavier of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the agreement in full force and effect.

 

SECTION 18 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

 

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

 

SECTION 19 – STATUE OF LIMITATIONS

 

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the agreement must be filed within 10 days after said claim or cause of action arouse or shall be forever barred.

 

SECTION 20 – VIOLATIONS

 

Please report any and all violations of this agreement to Daily Testify as follows:

 

Mailing address:

Daily Testify

Attn: Philip Waters

465 Jim Best Rd.

Mount Olive, NC 28365

 

Telephone: (919) 738-3426

Email: info@dailytestify.com

 

SECTION 21 – GOVERNMENT REQUESTS

 

In order to cooperate with governmental requests, subpoenas or court orders to protect our systems , or to ensure the integrity and operation of our business and systems , we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by terms of our privacy policy.

 

SECTION 22 – FOREIGN ACCESS OF SITE

 

The site is controlled, operated and administered by our offices within the USA. If you access the site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Daily Testify’s content accessed through the site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

SECTION 23 – ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site or any related site is inaccurate at any time without prior notice. (Including after you have submitted your order)

 

We undertake no obligation to update, amend or clarify information on the site or on any related site, including without limitation, pricing, information, except as required by law. No specified update or refresh date applied on the site or on any related site, should be taken to indicate that all information on the site or on any related site has been modified or updated.

 

GDRP - Account Deletion

You may delete your account at anytime.  You can login and delete your account or you can contact us for assistance - https://dailytestify.com/index.php/contact/