Terms of Sale of Dayblizz

These Terms, as well as the Community Guidelines govern

  • the use of Dayblizz, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document. By agreeing to the Terms and Conditions the User agrees to abide by the here referenced Community Guidelines as well. The User must not use the service, if they have any objections to any of the stated terms and conditions.

The User must read this document carefully.

Any other contract or agreement entered into between the Owner and the Users shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where Dayblizz has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

The Dayblizz Premium Service is provided by:
Dayblizz Inc. registered in the United States of America.
With the registered office at 2055 Limestone Road STE 200-C in Wilmington.

Owner contact email: support@dayblizz.com

Within the Terms of Sale of Dayblizz, “Dayblizz” refers to

  • the Dayblizz Premium Service, which encompasses any part of the app that is used to buy or sell digital or physical goods, subscriptions or leave a tip

The following documents are incorporated by reference into these Terms:


What the User should know at a glance

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
  • Usage of Dayblizz and the Service is age restricted, as detailed in the relevant section of this document.


General

Intermediation

Dayblizz merely allows Users to connect to and interact with third parties. The Owner therefore is not directly involved in any such interaction nor does it intermediate and participate in any contract or transaction which occurs as a consequence of such interactions.

The Owner does not control, monitor, moderate or inspect any Products offered by Sellers via Dayblizz. This means that the Owner does not bear any responsibility in connection with such Products, including but not limited to their quality, safety, accuracy, or the Sellers’ ability to provide them.

Likewise, the Owner does not control, monitor, moderate or inspect Buyers using Dayblizz. Therefore, the Owner does not bear any responsibility in connection with such Buyers’ activity on Dayblizz, including but not limited to their legal capacity or ability to complete a transaction and pay the associated costs.

By accepting the Terms, Users fully and unconditionally release and forever discharge the Owner, its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:

  • disputes between Users, or any other person or entity,
  • the Products’ use, including, without limitation, any and all claims that such use violates any of Seller’s intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity, or
  • Users’ activity on Dayblizz, including, but not limited to, Users’ legal capacity, ability to complete a transaction, or pay the associated costs. User acknowledges and agrees that the Owner has no control over, and shall have no liability for any damages resulting from, the use or misuse by any other person or entity of any Products.
    If the Owner becomes aware of any Products that allegedly may not conform to the Terms, the Owner may investigate the allegation and determine in its sole discretion whether to take action in accordance with the Terms. The Owner has no liability or responsibility to Users for performance or nonperformance of such activities. The Owner has the absolute right to remove and/or delete without notice any Products within its control that it deems objectionable. Users consent to such removal and/or deletion and waive any claim against the Owner for such removal and/or deletion. The Owner is not responsible or liable for failure to store posted content or other materials Users may transmit through Dayblizz. Users shall take measures to preserve copies of any data, material, content or information such User posts on Dayblizz. Any identity verification methods the Owner employs is strictly on a best efforts basis and shall not be relied upon by Users.

The Service of Dayblizz is provided at no monetary cost to Buyers. Products offered by the Owner or by Sellers via Dayblizz are marked as such. Sellers will be required to pay 10% + transaction costs to Dayblizz as a commission.

Dayblizz merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.

We don’t guarantee that Dayblizz is compatible with all devices and operating systems. We are not responsible for any errors in Users’ internet connection, device or other equipment that may occur in relation to the Users’ use of Dayblizz

These Terms apply to the described usage of Dayblizz as a platform. 

Unless otherwise stated, these Terms also apply to transactions between Buyers and Sellers. This does not imply the involvement of the Owner in such transactions.

 

Conditions to engage in a Creator-User Transaction

Users engaging in such activity agree to meet the following conditions:

  • To sell as a Creator on Dayblizz you need a business entity (e.g. a sole proprietorship) and you need to be of age to enter in a contract with us. Depending on where you’re based this could mean that you have to be at least 18 years or older to do so and/or need the consent of your legal guardian. By setting up a Creator account with us you confirm that you are old enough to enter into a contract with us. It will not be possible for you to become a Creator and receive payouts without a business entity.
  • Depending on where you’re based you might have to be at least 18 years or older to pay a Creator on Dayblizz and/or need the consent of your legal guardian. By engaging in a transaction with a Creator you confirm that you are old enough or have the consent of your legal guardian to do so.


Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

  • By using the tools provided for account termination on Dayblizz.

However, termination of the account will not be possible until the subscription period paid for by the User has expired, if the user has subscribed to a Creator. Creators have to cancel all products, subscriptions and services they are offering, before they can delete their account. Creators have to contact support@dayblizz.com to have their account terminated, after they have deleted all their active offerings.


Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms or the Community Guidelines

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices. The User will not be charged with any subscription payments that would have fallen due during the period of their accounts suspension. The User will not be reimbursed for any payments before the beginning of the account suspension.

Regarding Copyright Infringements: It is Dayblizz policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with copyright infringement. Please refer to the DMCA part of these terms to learn more about how to file a copyright complaint.

The User has to provide the Owner with all reasonable assistance in case the User’s account is investigated or suspended. The Owner is not responsible for any losses suffered by the User arising because of the investigation or suspension of the User’s account. The Owner can disclose any information or records in their possession or control about the User’s use of Dayblizz to law enforcement agencies in connection with any law enforcement investigation.

The Owner informs Users about the suspension of their account per email.

After account termination the User’s data will be dealt with in accordance to Dayblizz general Privacy Policy.

Users may request an appeal by messaging support@dayblizz.com for help.


Content on Dayblizz

Unless otherwise specified or clearly recognizable, all content available on Dayblizz is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Dayblizz infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.


Rights regarding content on Dayblizz – All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Dayblizz, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on Dayblizz, the User may download, copy and/or share some content available through Dayblizz for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.


Content provided by Users

The Owner allows Users to upload, share or provide their own content to Dayblizz.

By providing content to Dayblizz, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

User warrants that they have secured all rights, written consents and licenses necessary to use third party material that they are using on Dayblizz. The User has to indemnify Dayblizz for any damages and losses Dayblizz was exposed to in relation to the User’s breach of this.

If the User uploads content including anyone else other than themself, the User warrants that each individual shown is above the age of 13 and consents to being in the content. Depending on the User’s age and the form of content uploaded there might be further restrictions. Please refer to the Community Guidelines to find out more about applicable rules. Going against our Guidelines will result in a suspension or termination of the User’s account. The Owner shall not be held liable for any claims arising from content with more than one User or Creator involved. All claims shall be made against those involved in the creation of the respective content.

Further insights regarding acceptable content can be found inside the respective section on Dayblizz which details the acceptable uses.

Users acknowledge and accept that by providing their own content to Dayblizz they grant the Owner a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote its Service in any media or manner.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Dayblizz.

Users acknowledge, accept and confirm that all content they provide through Dayblizz is provided subject to the same general conditions set forth for content on Dayblizz.

Users are solely liable for any content they upload, post, share, or provide through Dayblizz.

Users acknowledge and accept that the Owner may filter or moderate such content in a preventative manner.

Therefore, the Owner reserves the right to refuse, censor, remove, delete, block or rectify such content at its own discretion and to deny access to Dayblizz to the uploading User without prior notice, if it considers such content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the Owner and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Dayblizz.


Removal of content from parts of Dayblizz available through the App Store

If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.


Access to provided content

Content that Users provide to Dayblizz is made available according to the criteria outlined within this section.


Publicly available content

Content meant for public availability shall be automatically made public on Dayblizz upon upload or, at the sole discretion of the Owner, at a later stage.

No personal data, identifier or any other information related to Users, except for a pseudonym of their choice (such as a nickname or avatar) shall appear in connection with the published content, unless Users decide otherwise on their own initiative.


Private content

Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.


Paid content

Paid content will only be available to Supporting Users, who have paid for it. It will not be made available for Users who did not engage in a Creator-User transaction with the respective Creator. The Supporting User is not granted any rights to the Creators content through us. Rights, except those for viewing the content, can only be granted by the Creator. The Supporting User is not allowed to sell, rent or transfer paid content to other parties or rent their account to other parties to access paid content. Leaking Creator’s paid content in any way will result in the termination of the User’s account and the User may be subject to a $100 dollar fine per leaked media. If the leaker does not immediately remove the leaked media from all platforms, we reserve the right to charge an additional fee of $250.

The Creator warrants that the paid content / services / products they make available meet the description of the content made by the Creator in satisfactory quality. The Creator has to indemnify Dayblizz for any damages and losses Dayblizz was exposed to in relation to the User’s breach of this. The Creator warrants that they have received all consent by any third parties involved as described above. If there is more than one Creator involved in the production of the paid content, the Creator agrees that only the account of the Creator who uploaded the content will be paid by us. The Creator will be solely responsible to pay other individuals involved in it and we are not responsible for providing or enforcing agreements between collaborating Creators.


Content for determined audiences

Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users.

No personal data, identifier or any other information related to Users, except for a pseudonym of their choice (such as a nickname or avatar) shall appear in connection with the content, unless Users decide otherwise on their own initiative.

Users may (and are encouraged to) check on Dayblizz to find details of who can access the content they provide.


Access to external resources

Through Dayblizz Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.


How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on Dayblizz infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
  • Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be submitted to the Owner’s Copyright Agent at the following address:

Copyright Agent – E-Mail: copyright@dayblizz.app – Phone: +49 177 3688394 – Address: Dayblizz UG (haftungsbeschränkt) Postfach 104002 40851 Ratingen, Germany


Acceptable use

Dayblizz and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Dayblizz and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to Dayblizz or the Service, terminating contracts, reporting any misconduct performed through Dayblizz or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:


Conduct restrictions

  • pretending to fulfill any possible condition or requirements for accessing Dayblizz and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
  • concealing their identity or stealing someone else’s identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
  • manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
  • defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
  • promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on Dayblizz;
  • probing, scanning or testing the vulnerability of Dayblizz, including the services or any network connected to the website, nor breaching the security or authentication measures on Dayblizz, including the services or any network connected to Dayblizz;
  • installing, embedding, uploading or otherwise incorporating any malware into or via Dayblizz;
  • using Dayblizz or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
  • attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on Dayblizz or the Service;
  • offering Products via Dayblizz that cannot legally be sold or that are currently not available for sale (e.g. not in stock);
  • manipulating the price of Products offered or failing to deliver Products sold;
  • instigating other Users to complete a transaction started on Dayblizz outside of Dayblizz in order to save any applicable service fees;


Scraping

  • adopting any automated process to extract, harvest or scrape information, data and/or content from Dayblizz and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;


Content restrictions

  • disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
  • publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
  • disseminating or publishing any content that is false or may create unjustified alarm;
  • using Dayblizz to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
  • using Dayblizz to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
  • publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of Dayblizz or another User’s experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;
  • publishing or otherwise disseminating false, inaccurate, misleading, defamatory, or libelous content regarding any Products offered via Dayblizz;


User protection

  • misappropriating any account in use by another User;
  • harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on Dayblizz or by any other means;
  • using any information relating to other Users, including personal or contact data, for purposes other than those Dayblizz is intended for;


Terms of the Referral Program

General

These terms only apply to you, if you are a User participating in the referral program as a Referring User.

Dayblizz gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on Dayblizz. The Owner doesn’t make any promises or guarantees of any kind that Creators and Referring Users will make a particular sum of money or any money at all from their use of the Referral program and Dayblizz in general.

There is no payment required to participate in the Dayblizz referral program. Neither we nor a Referring User is allowed to persuade anyone to make a payment by promising benefits from getting others to join the Dayblizz referral program. It is prohibited to make claims that high earnings are easily achieved from participating in the Dayblizz referral program.


Program rules

Only Users with an active Creator account can refer Users, who are interested in joining Dayblizz as Creators and receive referral payments from doing so.

Every Creator receives a unique referral code, which they are allowed to share online. The Creator is not allowed to impersonate Dayblizz or give the impression that Dayblizz promotes the Creator’s offering. The Creator is not allowed to use any form of paid advertising to advertise their referral link / code. The Referring User must not give any false impression of the services, programs and content made available on Dayblizz, while promoting Dayblizz through as a Referring User. The Referring User warrants that they will not make any suggestions that a specific sum of money can be made on Dayblizz or through the Dayblizz referral program.

In order for the referral to be counted as such the individual clicking on the referral link must do so from their mobile phone and follow through the registration process. If the Referred User uses a referral code, they must first download the Dayblizz app and then enter the referral code in the registration process.

The Referred User must have not previously registered an account with Dayblizz, before joining via a referral link or code. Otherwise the Referred User will not be compensated for the Referred User’s activities. The Referred User must not be same person as the Referring User, their account must also not be owned, operated or in any other commercial relationship with the Referring User.

If the Referred User opens up more than one account, the Referring User will only be compensated for the first account opened up by the Referred User.

To explore all applicable details and conditions, Users may consult the dedicated terms and conditions inside the respective section of Dayblizz.

The Owner has the right to charge back any wrongly paid sums regarding the referral program in general, but also explicitly when the Referring User has breached this agreement. The Owner can request written proof, that the Referring User has not breached this agreement e.g. IDs of the Referring User and the Referred User and other proof to confirm that the rules of the program have been met.

The Owner reserves the right to end or change the offer at any time at its own discretion. Changes made by the Owner will not deprive a Referring User of any referral payout taking place before the change of the rules of the referral program.


Referral payouts:

After a Referred User has registered an account on Dayblizz in accordance with the program rules listed above, the Referring User will receive 5% of the monthly creator earnings of the Referred User per month. This is limited to 12 months after the first payment has been made to the Referred User by a Supporting User. A Referring User can receive a maximum of $12 000 per Referred User within the total duration of the referral reward period (12 months).

The referral payouts made to the Referring User already include all VAT.

Referral payouts take place on the 15th of every month as long as they are above the minimum payout amount. Transaction costs will be deducted from the referral payout. The cost of the referral payments (the 5%) will be deducted from Dayblizz share of the creator earnings, not the Referred User’s share of the creator earnings.

 

Withholding referral payouts:

The Owner may withhold all or any part of the referral earnings of a Creator, if:

  1. the Creator has seriously or continuously breached any parts of this agreement
  2. the Creator attempts to breach this agreement in a way that we think would seriously
    impact us or any other User or Creator
  3. we suspect that all or any part of the earnings of a Creator result from fraudulent or
    illegal activity by the Creator or the Supporting User

The Owner may withhold these funds for as long as necessary to investigate the situation. If the Owner concludes that any of the three scenarios above holds true, then the Creator earnings will be forfeited and the Creator will be informed about such action.

The Owner may temporarily withhold all or any part of the referral earnings of a Creator, if the Creator has secured, pledged, encumbered, assigned or otherwise allowed a lien of any kind to be placed on referral earnings. The Owner is not obligated to pay referral earnings to any third-party lienholders and may withhold the payout of referral earnings until the lien has been removed.

If any or all of the withheld referral earnings turn out to be unrelated to breaches to this agreement. Then the part of the withheld referral earnings we deemed to be unrelated to breaches to this agreement may be paid out to the Creator. However the Creator agrees that the Owner is allowed to not pay out any amounts of the Creator’s referral earnings needed to compensate any losses incurred by the Owner due to the Creator’s breach of contract.

The Owner has no obligation and responsibility to pay the Creator any funds that are withheld or forfeited due to any in this agreement described circumstances.


Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Dayblizz are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Dayblizz and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

The Owner reserves the right to release updates, fixes and further developments of Dayblizz and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using Dayblizz and/or its related software.

New releases may only be available against payment of a fee.

The User may download, install, use and run the software on unlimited devices.

However, it may not be permitted to run the software on more than one device at a time.


Regarding Sales and other transactions

Paid Products

Some of the Products provided on Dayblizz, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Dayblizz.

Creators can offer products on Dayblizz. Creators are solely responsible for determining the pricing of their offering, as well the shipping costs, description and fulfillment of those. All Creator-User Transactions are contracts between Users and Creators, Dayblizz is not responsible for Creator-User transactions. Some of these Products might be subscriptions, others might only require a one-time payment. This will be specified in the description and during the purchase process.

To purchase Products, the User must register or log into Dayblizz.


Product description

Prices, descriptions or availability of Products are outlined in the respective sections of Dayblizz and are subject to change without notice. All prices on Dayblizz will be displayed in USD only. Prices in the US will be displayed excluding tax and including tax in other countries.

While Products on Dayblizz are presented with the greatest accuracy technically possible, representation on Dayblizz through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

In case of Products offered by a Creator, the Creator carries the sole responsibility to provide an accurate description of the Product offered and warrants to do so.


Purchasing process

Any steps needed from Product choice to order submission, form part of the purchasing process.

The purchasing process includes these steps:

  • Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
  • By confirming their choice, the user continues to the Stripe checkout view wherein they will be required to specify their contact details and a payment method of their choice.
  • Users may review their purchase selection, modify, remove or add items.
  • Users will be required to specify their billing address, contact details and a payment method of their choice.
  • If the purchase results in a product being shipped, Users may need to indicate a shipping address.
  • During the purchasing process, Users may, at any time, modify, correct or change the information provided, or altogether abort the purchasing process with no consequence.
  • After providing all required information, Users must carefully review the order and, subsequently, may proceed to checkout.
  • Users, who have not already done so, may ask Stripe to store their payment information for future purchases on Dayblizz or sites that use Stripe as a payment gateway. The User may read the privacy policy of Stripe and Dayblizz to learn more about the data processing and User rights regarding their data.
  • Within the Stripe checkout view, Users may be requested to also specify their billing and shipping address.

To submit the order, Users must have accepted these Terms and use the respective button or mechanism on Dayblizz, hereby committing to pay the agreed-upon price.


Order submission

When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page. Some Products require a one-time fee, while others are subscription based. In case of subscriptions, the User will be charged at the beginning of every subscription period until the User terminates their subscription in the payments section in the app, their card is declined or the Creator discontinues the respective subscription. The User authorizes and consents to each of these payments being debited using their provided payment details.
  • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.


Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on Dayblizz are displayed:

  • in USD only. 
  • excluding tax in the US and including tax in other countries.


Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. We have no control over additional fees like currency exchange rates for example, that may be charged by your payment card provider. We will not be responsible for paying any charges or fees imposed by your bank or payment card provider.

All payments are independently processed through third-party services. Therefore, Dayblizz does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.


Chargebacks & Refunds

The Users agree that they will not make unjustified requests for a refund or unjustified chargebacks requests with their payment card provider in relation to any Creator-User transaction or tip. If any request of this sort was made in bad faith by the User, we have the right to suspend their account.

In case of a chargeback or refund the creator will be charged with the amount that was payable to them (full amount – 10% Dayblizz fee – transaction cost = payable amount) plus any transaction fees surrounding the initial buy, as well as the refund or chargeback.


Payouts to Creators

10% of all proceeds as well as transaction costs are automatically deducted from the original full payment and will be paid to the Owner for providing the Dayblizz platform. The remaining balance is described as the payable amount.

The Creator receives the payable amount through our third-party payment provider Stripe. The Dayblizz account of the Creator will be updated within reasonable time after any received payments to display the current earnings.

The Creator will always receive a payout at the 15th of every month, as long as the minimum payout amount specified within the Dayblizz app has been reached.

The Creator’s earnings will always be displayed in USD in their Dayblizz account.

 

Withholding creator earnings

The Owner may withhold all or any part of the earnings of a Creator, if:

  1. the Creator has seriously or continuously breached any parts of this agreement
  2. the Creator attempts to breach this agreement in a way that we think would seriously
    impact us or any other User or Creator
  3. we suspect that all or any part of the earnings of a Creator result from fraudulent or
    illegal activity by the Creator or the Supporting User

The Owner may withhold these funds for as long as necessary to investigate the situation. If the Owner concludes that any of the three scenarios above holds true, then the Creator earnings will be forfeited and the Creator will be informed about such action.

The Owner may temporarily withhold all or any part of the earnings of a Creator, if the Creator has secured, pledged, encumbered, assigned or otherwise allowed a lien of any kind to be placed on Creator earnings. The Owner is not obligated to pay Creator earnings to any third-party lienholders and may withhold the payout of creator earnings until the lien has been removed.

If any or all of the withheld earnings turn out to be unrelated to breaches to this agreement. Then the part of the withheld earnings we deemed to be unrelated to breaches to this agreement may be paid out to the Creator. However the Creator agrees that the Owner is allowed to not pay out any amounts of the Creator’s earnings needed to compensate any losses incurred by the Owner due to the Creator’s breach of contract.

In the event that the Creator earnings are forfeited due to a breach to this agreement, the Owner will use their best efforts (unless prohibited by law) to return any payments made by a Supporting User to this Creator which resulted in a forfeited earning.

The Owner has no obligation and responsibility to pay the Creator any funds that are withheld or forfeited due to any in this agreement described circumstances.

 

Tax compliance

The Creator is solely responsible for their own tax affairs and we are not responsible for advising the Creator. The Owner will not be held liable for any non-payment of taxes by the Creator. The Owner recommends that the Creator seeks professional advice to ensure their compliance with tax rules based on their individual circumstances.

The Creator warrants that they have reported and will report all earnings made on Dayblizz to the relevant tax authorities, as required by law in their jurisdiction.

The Owner reserves the right to terminate the Creator’s account, if informed about any tax non-compliance by them.

 

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.


Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on Dayblizz or as communicated before the order submission.


Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.


Termination of Creator Subscriptions

Recurring subscriptions may be terminated at any time by using the corresponding controls inside Dayblizz. The User will retain the right to access the content of their subscription until the end of the subscription period in which they canceled their subscription. After the end of this subscription period the User will no longer be charged and won’t be able to access the Creator’s paid content anymore.


User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

The right of withdrawal does not apply on Dayblizz regarding subscriptions and tips.

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over Dayblizz due to the nature of its offering.


Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.


Limitation of liability for User activities on Dayblizz

Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in Dayblizz.

The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users’ obligations.

Users, in particular, acknowledge and accept that the Owner is not involved in sales and purchases by Users qualifying respectively as Sellers or Buyers over Dayblizz.

This means that Sellers and Buyers are solely liable for respectively offering and purchasing through Dayblizz and for the obligations resulting thereof.

In particular, the Owner shall bear no liability for:

  • any pre-contractual statement, claim or description of the Products offered through/via Dayblizz;
  • the existence of any applicable license, authorization, qualification or other official permit allowing Sellers to offer specific goods or services, as may be required by applicable law;
  • the Buyers’ eligibility (e.g. in terms of age, solvency etc.) for purchase according to applicable law;
  • any obligation stipulated by Users over Dayblizz, including but not limited to product guarantees and product safety;
  • any claim based on partial, incorrect or failed performance of binding agreements entered into on Dayblizz.


Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Dayblizz has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, the Owner shall not be liable for:

  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of Dayblizz due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
  • any losses that are not the direct consequence of a breach of the Terms by the Owner;
  • any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via Dayblizz. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to Dayblizz.

Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:

In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.


Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Dayblizz is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • 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; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to Users. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.


Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.


Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).


Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Dayblizz and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.


Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Dayblizz.


Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Dayblizz are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Dayblizz are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.


Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. The User will be informed through email 2 weeks before the new terms take effect.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service after the point they take effect, will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.


Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.


Contacts

All communications relating to the use of Dayblizz must be sent using the contact information stated in this document.


Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.


US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.


EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.


Governing law

These Terms are governed by the law of the United States of America, the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.


Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.


Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.


Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.


UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.


US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.

Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either Dayblizz or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

  • the User’s grant of licenses under these Terms shall survive indefinitely;
  • the User’s indemnification obligations shall survive for a period of five years from the date of termination;
  • the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

 

Definitions and legal references

Dayblizz (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Buyer

Indicates any User who buys goods or services from Sellers through Dayblizz, regardless of whether or not the actual transaction takes place through Dayblizz.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or we/our)

Indicates the natural person(s) or legal entity that provides Dayblizz and/or the Service to Users.

Product

A good or service available for purchase through Dayblizz, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Seller

Indicates any User who sells goods or services to Buyers through Dayblizz, regardless of whether or not the actual transaction takes place through Dayblizz.

Service

The service provided by Dayblizz as described in these Terms and on Dayblizz.

Terms

All provisions applicable to the use of Dayblizz and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Dayblizz.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Content

Any material uploaded to Dayblizz by any user, including videos, audio, photos, livestreams, emojis, Gifs, memes and so on.

Creator

This refers to a user who has converted their account to a creator account.

Supporting User

This refers to a user, who supports a creator through tips, subscriptions or other monetization models available on Dayblizz

Referring User

A User participating in Dayblizz referral program

Referred User

A User who was referred to Dayblizz by a Referring User

Creator-User Transactions

Transactions between user and creator. The user pays the creator through a subscription, one time fee or tip and might receive different kinds of perks, such as digital content, physical goods as reward.

Dayblizz Premium Service

Any part of the app that is used to buy or sell digital or physical goods, subscriptions or leave a tip.

 

Latest update: April 20, 2022