Terms of Service

1. Terms

By accessing the website at https://www.thedailysmark.com or using our mobile applications (iOS and Android), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site or our mobile applications. The materials contained in this website and mobile applications are protected by applicable copyright and trademark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on The Daily Smark's website and mobile applications for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on The Daily Smark's website or mobile applications;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Daily Smark at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on The Daily Smark's website and mobile applications are provided on an 'as is' basis. The Daily Smark makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, The Daily Smark does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or mobile applications or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall The Daily Smark or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Daily Smark's website or mobile applications, even if The Daily Smark or a The Daily Smark authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of Materials

The materials appearing on The Daily Smark's website and mobile applications could include technical, typographical, or photographic errors. The Daily Smark does not warrant that any of the materials on its website or mobile applications are accurate, complete or current. The Daily Smark may make changes to the materials contained on its website or mobile applications at any time without notice. However The Daily Smark does not make any commitment to update the materials.

6. User Accounts

You must be at least 13 years of age to create an account on The Daily Smark, in compliance with applicable law. By creating an account, you represent that you meet this age requirement.

To create an account, you are required to provide a name, email address, and password. For information on how we handle this data, please review our Privacy Policy. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you believe your account has been accessed without your authorization, please contact us immediately.

You may edit your account information and request a password reset at any time via the website or mobile app. The Daily Smark reserves the right to suspend or terminate any account at any time for violation of these terms.

No payment or credit card is required to create or maintain an account at this time. This may change in the future, and appropriate notice will be provided before any such changes take effect.

7. User Personalization

Users cannot submit public content on The Daily Smark. This includes text posts, images, videos, and audio.

Users may save bookmarks, podcasts, and preferences to their account. This saved data is personal and private to the user's account and is not visible to other users.

The Daily Smark reserves the right to reset or remove personalization data as needed.

8. Account Deletion

You may delete your account at any time via the website or mobile app. Upon deletion, your account will be deactivated immediately and your data will be permanently deleted from our systems within a reasonable period of time. This process cannot be undone.

After permanent deletion, your account data — including your name, email address, saved preferences, and bookmarks — cannot be recovered.

Transactional emails (such as password reset emails) may still be sent during the deactivation period if requested by the user.

9. Links

The Daily Smark has not reviewed all of the sites linked to its website or mobile applications and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Daily Smark of the site. Use of any such linked website is at the user's own risk.

10. Modifications

The Daily Smark may revise these terms of service for its website and mobile applications at any time without notice. By using this website or mobile applications you are agreeing to be bound by the then current version of these terms of service. The "Last Updated" date at the top of this page reflects when these terms were most recently revised.

11. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of New York and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

12. Contact

If you have any questions about these terms of service, please visit our Support page.