TERMS OF USE

Last Updated: December 01, 2025

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you,” “user,” or “your”) and Chani Photography LLC, doing business as The Daily Tea (“The Daily Tea,” “we,” “us,” or “our”), governing your access to and use of our website, digital magazine, content, products, and services made available through The Daily Tea thedailytea.org (collectively, the “Site”).

BY ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SITE.

1. Eligibility and Acceptance

1.1 Eligibility

The Site is intended for individuals who are at least eighteen (18) years of age. By using the Site, you represent and warrant that:

• You are 18 years or older;
• You have the legal capacity to enter into these Terms;
• You will comply with all applicable laws and these Terms.

1.2 Acceptance of Terms

Your access to or use of any portion of the Site, including viewing content, subscribing, creating an account, or purchasing products, constitutes your acceptance of these Terms.

1.3 Updates to Terms

We may update these Terms at any time at our discretion. Updated Terms will be posted on the Site with a revised “Last Updated” date. Your continued use of the Site constitutes acceptance of the modified Terms.

2. The Site and Services

2.1 Description of Services

The Daily Tea provides a digital magazine and related online content, including articles, graphics, downloads, newsletters, and other features (the “Services”).

2.2 Availability

We reserve the right to modify, suspend, or discontinue any part of the Site or Services at any time, without notice or liability.

3. Accounts, Access, and Security

3.1 Account Creation

You may be required to create an account to access certain features. You agree to:

• Provide accurate and complete information,
• Keep your account credentials secure,
• Accept full responsibility for all activity occurring under your account.

3.2 Security

You must notify us immediately at inbox@thedailytea.org if you believe your account has been compromised.

3.3 Termination of Accounts

We may suspend or terminate your account at any time, with or without notice, for any violation of these Terms.

4. Intellectual Property Rights

4.1 Ownership

All content on the Site—including articles, graphics, images, designs, branding, downloads, and all other materials (“Content”)—is owned by The Daily Tea and/or licensed to Chani Photography LLC, and protected by intellectual property laws.

4.2 Limited License

We grant you a non-exclusive, non-transferable, revocable license to access the Site and view the Content for personal, non-commercial use only.

4.3 Restrictions

You may not:

• Reproduce, distribute, modify, or create derivative works from the Content;
• Share, sell, or republish any Content without written permission;
• Remove or alter copyright or trademark notices.

4.4 Trademarks

“The Daily Rhythm,” “The Daily Tea,” and any associated logos or marks are trademarks of Chani Photography LLC. You may not use these marks without written permission.

5. User Content and Submissions

5.1 User Content

If the Site allows you to submit comments, messages, or other materials, you retain ownership of your submissions (“User Content”).

5.2 License to Us

By submitting User Content, you grant The Daily Tea a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, publish, and create derivative works from your User Content for any lawful purpose.

5.3 Prohibited User Content

You may not submit content that:

• Violates any law or infringes any rights;
• Is defamatory, hateful, obscene, or harassing;
• Contains malware or harmful code;
• Constitutes spam or commercial advertisements.

5.4 Monitoring

We may, but are not obligated to, monitor and remove User Content at our discretion.

6. Copyright Infringement (DMCA Policy)

If you believe any Content infringes your copyright, send a written notice to:

Email: inbox@thedailytea.org

Subject: DMCA Notice – The Daily Tea

Your notice must include:

1. Your physical or electronic signature;
2. Identification of the copyrighted work;
3. Identification of the infringing material and its location on the Site;
4. Your contact information;
5. A good-faith statement that the use is not authorized;
6. A statement, under penalty of perjury, that your notice is accurate.

We may remove or disable access to infringing material and terminate repeat infringers.

7. Purchases, Subscriptions, and Payment Terms

7.1 Digital Products

The Daily Tea may offer digital magazine issues, downloads, and subscription services (“Paid Services”).

7.2 Pricing

All prices are listed in U.S. dollars unless stated otherwise and may change at any time.

7.3 Payment Authorization

By purchasing Paid Services, you authorize us and our third-party payment processors to charge your provided payment method.

7.4 Subscriptions

If you purchase a subscription, it may automatically renew at the end of each term unless canceled before renewal. You may manage or cancel your subscription by contacting inbox@thedailytea.org

7.5 Refund Policy

All digital product sales are final and non-refundable, except where required by law.

7.6 Chargebacks

Improper chargebacks may result in account suspension. We reserve the right to dispute any chargeback.

8. License to Digital Products

8.1 Personal Use License

Digital products are licensed to you for personal use only. You may not share, sell, or redistribute digital materials.

8.2 Ownership

Purchasing a product does not transfer intellectual property ownership. All rights remain with Chani Photography LLC.

9. Prohibited Uses

You agree not to:

• Use the Site for unlawful purposes;
• Interfere with or disrupt the Site;
• Use automated systems to access the Site without permission;
• Reverse engineer or attempt to extract source code from the Site;
• Use the Content for competitive or commercial purposes.

10. Third-Party Services

The Site may contain links to third-party websites or services. We are not responsible for third-party content, policies, or actions. You access third-party sites at your own risk.

11. Informational Purposes Only

All Content on The Daily Tea is for informational, educational, and entertainment purposes only.

It does not constitute:

• Medical advice,
• Legal advice,
• Financial advice,
• Mental health or therapeutic advice,
• Professional consulting.

You are responsible for seeking guidance from qualified professionals for personal decisions.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY,
• FITNESS FOR A PARTICULAR PURPOSE,
• NON-INFRINGEMENT,
• AVAILABILITY, ACCURACY, OR RELIABILITY OF THE SITE OR CONTENT.

Your use of the Site is at your sole risk.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CHANI PHOTOGRAPHY LLC, THE DAILY RHYTHM, AND THE DAILY TEA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED:

• THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS BEFORE THE CLAIM, OR
• ONE HUNDRED U.S. DOLLARS ($100),
• WHICHEVER IS GREATER.

Some jurisdictions do not allow these limitations; if so, they apply only to the maximum extent allowed by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Chani Photography LLC, The Daily Rhythm, The Daily Tea, and their owners, officers, employees, contractors, and agents from any claims, damages, losses, liabilities, or expenses arising out of:

• Your use or misuse of the Site;
• Your violation of these Terms;
• Your infringement of any rights.

We may assume exclusive control of any matter subject to indemnification.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

15.2 Informal Resolution

You agree to first attempt to resolve any dispute by contacting us at inbox@thedailytea.org

15.3 Arbitration and Class Action Waiver

If a dispute cannot be resolved informally, it shall be resolved through binding arbitration in Rockland County, New York, administered by the American Arbitration Association (AAA).

You agree that:

• Arbitration shall be conducted on an individual basis only;
• You waive the right to participate in class actions or representative actions;
• If this waiver is found unenforceable, the arbitration clause as a whole becomes void and disputes must be resolved in the courts of Rockland County, New York.

16. Termination

We may terminate or suspend your access to the Site at any time, with or without notice, for any reason—including violation of these Terms.

Provisions that logically survive termination (e.g., Intellectual Property, Disclaimers, Indemnification) shall remain in full effect.

17. Assignment

You may not assign any rights under these Terms. We may assign our rights and obligations without restriction.

18. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.

19. No Waiver

Our failure to enforce any provision does not constitute a waiver of future enforcement rights.

20. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements referenced herein, constitute the entire agreement between you and Chani Photography LLC regarding the Site and Services.

21. Contact Information

For questions about these Terms, contact:

The Daily Tea

Operated by Chani Photography LLC

Email: inbox@thedailytea.org