- Use of Website
This website (“site”) and the Alexa Skill Daily Wins are owned and operated by blueShepherd GmbH (“blueshepherd”, “we”, and “us”). blueShepherd is a German company registered under company number HRB 145683 in Hamburg, Germany. Its registered address is blueShepherd GmbH, Eilbeker Weg 197, 22089 Hamburg, Germany (VAT Registration Number is DE311538551).
Certain parts of our site may require you to register and provide certain information about yourself and where you do this you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”) and
- maintain up-to-date Registration Data, which could be changed and updated by you at any point of time.
When you register on our site, you will be given a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account and Alexa Skill account. You agree to immediately notify us if you become aware of any unauthorised use of your password or website account or Alexa Skill or any other breach of security by sending an appropriately worded email to email@example.com and ensure that you exit from your website account and or Alexa Skill at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
3. Community Features
Our site and Alexa Skill may, from time to time, provide you with certain interactive community features, provided by our third party companies (such as Facebook, Instagram or Twitter, “Partners”), which enable you to upload and share comments about a particular news story or photograph or sweepstake. Before you will be able to use these community features and upload your comments, you may need to register with one of our Partners and each time you use those community features, you will need to be logged into your account with the Partner. We will do our best to make it clear on our site when community features are provided by our Partners and not by us.
4. Intellectual Property Rights
5. Your Content
“User Content” means material (including without limitation text, images, clips, videos, comments, posts and any underlying material) uploaded, shared or submitted to our site or Alexa Skill by any user.
Whenever you upload User Content to our site or in Alexa Skill, or to make contact with other users of our site or Skill, you must comply with the Rules of Acceptable Use, set out below. You warrant that any such contribution does comply with those rules and standards, and you indemnify us for any breach of that warranty.
With respect to User Content that you upload, share or submit to our site, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content worldwide and/or to incorporate it in other works in any form or media (whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio or Alexa Skills) and you acknowledge that your User Content may be made available with advertising and/or sponsorship.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content you upload, share or submit, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
When you upload, share or submit User Content using our site or Alexa Skill you may be making your User Content available to the general public. This means that both non-registered and registered users may be able to view and access your User Content. Please do not upload your User Content if you do not want it to be available to the general public.
You warrant to us that:
- any User Content you upload, share or submit using our site or in Alexa Skill complies with the Rules of Acceptable Use set out below; and
- Your User Content (in whole or in part) does not defame third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties.
6. Rules of Acceptable use
Comments, message boards, personal profiles and any discussion forums or pages of our site where you are capable of posting material (including User Content) are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of our site and or Alexa Skill that is inconsistent with those stated purposes is strictly prohibited.
Your use of these forums and our site generally is subject to the following rules which, by your use of the forums and the website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
You must not:
- use obscene or offensive language or post obscene or offensive User Content;
- upload, share or submit any User Content which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate;
- upload, share or submit any User Content on our site or Alexa Skill which has been disclosed to you in confidence or which, by its nature, is confidential;
- upload, share or submit any User Content on the website (including contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures) which compromises the privacy or security of anyone other than yourself;
- upload, share or submit any User Content which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
- upload, share or submit User Content belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it;
- upload, share or submit User Content where the use by blueShepherd, or any third party licensed or permitted by blueShepherd, will give rise to any third party claims;
- directly or indirectly suggest any endorsement or approval by blueShepherd of a product, service, content or any belief or opinion expressed within a product or service;
- place any links on our site where those links take users to unlawful material or material that otherwise contravenes these Rules of Acceptable Use;
- place on our site advertisements or Alexa Skill nor make commercial solicitations nor use our site or Alexa Skill for any commercial purposes (which would include using our site or Alexa Skill to promote or encourage the sale of your goods/services);
- register or attempt to register as a member of our site unless you are at least 18 years old.
- use our site to solicit information from anyone under the age of 18;
- impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users;
- upload, share or submit User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- alter, adapt, modify, copy or create a derivative work from the Content; or
- upload, share or submit any User Content that authorises, enables or encourages the dissemination of junk mail or chain letters.
blueShepherd accepts no responsibility for any statements, material (including User Content) or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
We reserve the right to edit or remove any material and User Content uploaded, shared or submitted using our site or in Alexa Skill, for any reason whatsoever.
8. Your Personal Data
Please note, as discussed at section 3, when you register with one of our Partners to use certain community features on our site, your Personal Data is submitted to the relevant Partner, not to us.
9. Linking to Our Website
We welcome ‘hot links’ and deep-links to our site, by which we mean that you may include a link to any page of our site on other websites, provided that you do not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or the other brands in our group into disrepute. You may not display the Content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email bedigital@blueShepherd.de.
10. Feeds to Other Websites/ RSS
If you operate your own website, you can display the latest headlines from other websites on your own site using RSS.
We encourage the use feeds as part of your website, provided that the proper format and attribution is used when any blueShepherd content appears. For example the attribution text should read “Daily Wins” or “daily-wins.com/cartoons-of-the-week” as appropriate. You may not use any blueShepherd brand or a blueShepherd logo or other blueShepherd trademark alongside the RSS feed.
We reserve the right to prevent the distribution of content using RSS. We do not accept any liability arising from your use of the feeds or from any inaccuracy or omission in the content or interruption in availability.
11. Third Party Links
Third party links do not imply that blueShepherd endorses, is affiliated or associated with any linked website, or is legally authorised to use any intellectual property accessible through such links.
Any complaints (for example those related to User Content or not functioning of any particular feature) can be reported by sending an email to firstname.lastname@example.org. It should always outline the subject of your complaint and in the case of complaints relating to a webpage (if possible) include a link to where the webpage which is the subject of your complaint may be easily located. In case of the Daily Wins Alexa Skill, please mention the context and communication point in the Skill.
Please note that we do not view, edit or pre-screen contributions to our site (including User Content). Consequently, comments, reviews and/or feedback (“Comments”) relating to you, may be published on our site and could be critical or defamatory. We assume no responsibility or liability for any Comments or User Content uploaded or published by users.
We have the right (but not the obligation) at our sole discretion to refuse or remove any Comments, User Content or other material that is uploaded, shared, submitted or posted to the forums of our site without the need to state our reasons for doing so.
13. Notice and Takedown
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content infringes your copyright, you must provide us with a written notice by email to email@example.com which states:
- that you are the rights owner or are authorised to act on the rights owner’s behalf;
- that you have identified User Content on our site or in Alexa Skill which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the User Content in the manner complained of is not authorised by you, the rights owner’s agent or by law;
- a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a video clip or Name or Logo etc.) and any relevant further details;
- a description of the way in which the copyright material has been infringed;
- information reasonably sufficient to permit us to locate the User Content in question on our site and or Alexa Skill (including a URL specifying the date our site was accessed and/or a screen shot or an audio or video);
- information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
- your electronic or physical signature (which may be a scanned copy); and
- that the information in the notification is true and accurate.
This ‘notice and takedown’ procedure is regulated by statute. There may be negative consequences if you falsely allege User Content is infringing copyright or send a copyright infringement notice to us in bad faith. We recommend that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the User Content, or whether there has been an infringement of your rights.
We have a policy of terminating the user accounts of repeat copyright infringers. A repeat infringer is a user who has submitted two or more items of User Content for which blueShepherd receives a copyright infringement notice in accordance with this section. If your account is terminated in accordance with this provision then, you shall not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a breach of this clause.
14. Termination and Susspension
Notwithstanding the above, we will try to warn users that their access to our site and Alexa Skill and/or their membership may be suspended or terminated.
You use our site, Alexa Skill and the services offered by us at your own risk. Our site, in Skill the Content, the User Content and other services offered by us are provided “as is” and on an “as available” basis. The content and information displayed on our site and Alexa Skill is provided without any warranties as to its completeness or accuracy.
We do not guarantee that our site, Alexa Skill, the Content, the User Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
To the fullest extent permitted by law, blueShepherd (including its officers, employees, Resellers and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our site, including, without limitation, any liability for:
- loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
- wasted management or office time; and
- any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
- death or personal injury caused by our negligence;
- the tort of deceit; or
- any other liability which cannot be excluded or limited under applicable law.
19. Exclusion of Third Party Rights
20. Entire Agreement
21. Law and Jurisdication