Terms of use

Welcome to Savoteur. We hope that you enjoy our Services (defined below) and your experience with us. Savoteur.com (“Site”) is provided by Daily Secret Inc., and/or its affiliates and subsidiaries, including Daily Lists, LLC, the publishing and newsletter platform, Sugar High, and the e-mail and newsletter platform, Savoteur (together, “DS” “We,” or “Us”) and includes our mobile application, newsletters, and other features, content and functionality offered from us from time to time (together, the “Services”).

These Site and Services are comprised of various web pages and content owned and operated by DS and are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Prior to using our Services, we require that read these Terms carefully. By using of Services and by clicking a box that states that you accept or agree to these Terms, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use our Services. We reserve the right to change, modify, add, or delete portions of this Terms at any time. We will provide notice of such changes by posting the updated Terms on our Site and changing the “last updated” date listed above. Your use of this Siteor Our Services after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms regularly.

Article I. Restrictions on Use

DS believes strongly in protecting member privacy.

By using Services you: (1) agree to be bound by these Terms; (2) review and agree to our privacy policy, which is located at 349 Fifth Ave New York, NY 20016 and is incorporated here by reference; and (3) agree to be bound by other policy and legal notices that may be posted on our Site from time to time. The legally binding Terms set out your rights, obligations and restrictions regarding your use of our Services.

Limited License

Subject to your agreement and continuing compliance with these Terms and any other relevant DS policies, We grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations set forth in these Terms to access and use the Services for your own non-commercial purposes.

These rights are user rights only, and no right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services. This license is granted, however, subject to the following restrictions:

  • Because DS provides information regarding alcoholic beverages, including beer, wine and spirits, Our Services are not intended for users under 21 years of age. To access the Services and subscribe to them, you are required to confirm that you are at least 21 years of age at the time you subscribe by checking the acknowledgment check box on our home page that says “I’ve read and accept the Terms and Conditions and Privacy Policy and confirm I am at least 21 years old.”
  • You are responsible for any use of your credit card or other payment instrument (e.g. PayPal);
  • You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
  • You shall not have an account or use any of the Services if you have previously been removed by DS or previously been banned from accessing Our Services;
  • You shall use your account only for personal, non-commercial purposes;
  • You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (SPIM and SPAM) to anyone;
  • You shall not use your account to engage in any illegal conduct.
  • You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component.
  • You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Services.

Article II. User Conduct

Our Services, including the capability to contribute content material ideas or any other ideas by email or by use of a contribution form (each such submission, a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through the Site are provided to you solely for entertainment purposes. By using our Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, DS reserves the right to terminate your subscription and refuse any and all current or future use of the Services in its sole discretion. The provisions of Sections IV, V, X, XI, XII, XIII, XV and XVII will survive termination of this Agreement.

Without limitation of the foregoing, you agree to not use the Site or Services to:

  1. Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
  2. “Stalk” another;
  3. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. Harm minors in any way;
  5. Impersonate any person or entity, including, but not limited to, a DS official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site;
  7. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  8. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  9. Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  10. Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
  11. Act in a manner that negatively affects other users’ ability to engage in the Sites or the Services;
  12. Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or the Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
  13. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  14. Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of the Site or the Content posted by others on Our Site or use such information for any purpose inconsistent with the purpose of this Site or Our Services for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that DS is not responsible for material submitted to DS or posted to the Site by users. DS does not pre-screen, monitor, review or edit the Content posted by users. However, DS and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in DS’s judgment, does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. DS is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to DS. You agree to immediately notify DS of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that DS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of DS, its users or the public.

You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. DS assumes no responsibility for the deletion or failure to store postings, contributions or other information submitted by you or other users to Savoteur.com.

Any or all Content on the Sites may be purged periodically in DS’ sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by DS or submitted to DS, including Content. You further acknowledge and agree that the views expressed on the Sites do not necessarily reflect the views of DS, and DS does not support or endorse Content (including any Contribution, whether or not edited by DS or its designee or presented on the Sites edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Article III. Access To Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of these Sites may be subject to prosecution. If you use the Sites or Services, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify DS immediately of any unauthorized use of your account or any other breach of security.

Article IV. Restrictions on Use of Material

The Content on the Site and accessible on Our Services is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Site and any of Our Services for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sites. Only if you obtain prior written consent from DS (and from all other entities with an interest in the relevant intellectual property) are you permitted to publish, display or commercially exploit any material from the Sites. To seek permission, you may write to DS at the address provided below. If permission is granted by DS and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.You must abide by all additional copyright notices or other restrictions contained on the Sites.

Article V. Unsolicited Materials

In operating this site, DS does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Sites or DS mail and email addresses, or in any other way. Any information or material submitted or sent to DS, will be deemed not to be confidential or secret. By submitting or sending information or other material to DS you represent and warrant that the information is original to you and that no other party has any rights to the material.

Article VI. User’s Grant Of Limited License

By communicating with DS, including submitting or sending Content, a Contribution or other information or material to DS, you grant DS the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into an DS or Site feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or any portion thereof, or other communication to DS.You also warrant that any “moral rights” in posted materials have been waived.

Article VII. Linked Sites

Our Sites and Services may contain certain links to third parties’ websites (“Linked Sites”) from the Services or the Site. Linked Sites are not, however, reviewed, controlled, or examined by DS in any way and DS is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply DS’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall DS be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. DS reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from Our Sites and/or introduce different features or links to different users.

Permission must be granted by DS for any type of link to the Sites or any DS Content. To seek permission, you may write to DS at the address listed below. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Sites, at Our discretion at any time.

Article VIII. Contests, Promotions, Simulations or Games

From time to time, DS may offer as part of the Services, either on or through the Sites, contests, promotions, simulations or games (collectively, “Promotions”). To participate in Promotions, users may be required to complete a registration form. Upon submission, all registrations become the exclusive property of DS. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. DS, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release DS and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the Sites. DS is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.

Each Registered User agrees to be bound by the rules of any Promotion and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Sites, or the site where the Promotion is conducted, is subject to immediate disqualification and revocation of their registration. DS is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Promotions may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with respect to that Promotion.

DS reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.

Article IX. Intellectual Property Rights

All materials contained in The Site and the Services are the copyrighted property of DS and/or its affiliates or licensors. As between DS and you, DS is the sole owner of all content on the Sites and the Services, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms, you may not download or save a copy of the Sites, the Services or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Sites solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Article X. Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Article XI. Disclaimer Of Warranties

THE SITES AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, DS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. DS DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR SERVICES. YOU (AND NOT DS OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Article XII. Limitation Of Liability

IN NO EVENT WILL DS, ITS OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITES OR SERVICES, EVEN IF DS OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Article XIII. Indemnification

Upon a request by DS, you agree to defend, indemnify and hold DS, its affiliates, officers, directors, members and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Sites or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms or the rights of a third party by you. DS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DS in asserting any available defense.

Article XIV. Copyrights

DS respects the intellectual property rights of others, and requires that the people who use the Sites and Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address listed below:

  1. Your username, address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the alleged infringing material is located;
  4. A statement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Daily Secret, Inc.349 Fifth Ave, 5 floor New York, NY 10016, info@savoteur.com

Article XV. Applicable Laws / Jurisdiction

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with DS or relating in any way to your use of the Site resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving DS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Any inquiries concerning these terms and conditions of use should be directed to info@savoteur.com.

Article XVI. Provisions unenforceable or invalid

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Article XVII. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. DS may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

If you have any questions about this policy or our site in general, please contact usat info@savoteur.com.

Thank you for taking the time and interest to review Our policies and Terms. Please continue to enjoy the information we bring you.

Thank you,
Savoteur and the DS Team