Terms of Service

Important Information

You should carefully read the following Terms and Conditions. Your use of DearDiary.Net confirms that you have read and accepted these Terms and Conditions.

Introduction

The following terms and conditions govern all use of the DearDiary.Net website and all content, services and products available at or through the website.

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the DearDiary.Net Privacy Policy).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

Age Restriction

The Website is available only to individuals who are at least 13 years old, or if under 13, with written parental/guardian approval.

If you are under 13 and you have not obtained parental/guardian approval before using the Website, you must contact us at [email protected]

Limitations of Service

Our basic service is free, and we offer paid upgrades for advanced features such as extra storage, access to additional themes, ability to have a public diary and various other features. Our service is designed to give you as much control and ownership over what goes into your diary as possible and you are encouraged to express yourself freely, but subject to the following limitations.

You are responsible for the content of your diary. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your diary (things like spam, viruses, or hate content).

Spam

If you set up a diary with the sole intention of generating traffic to another site, or increasing search engine ranking for another site, your access to this site will be removed.

Your diary can be used for commercial purposes but it should focus on providing informational updates to your customers rather than trying to sell them something.

We should also draw your attention, before you sign up, to the fact that non subscriber accounts only provide private diaries. Public diaries are only available to subscribers. Subscribers whose subsciptions expire will revert to private diaries even if they were previously public.

Limitation of Liability

All products are property of DearDiary.Net. Our products are provided 'as is' without warranty of any kind, either expressed or implied. In no event shall our company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.

In no event will DearDiary.Net, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DearDiary.Net under this agreement during the twelve (12) month period prior to the cause of action.

DearDiary.Net shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Ownership of Content

Content that you create using the DearDiary.Net website App is owned by you. You retain copyright ownership of the content and you grant DearDiary.Net a non-exclusive, royalty-free, worldwide license to use the content.

With respect to content that you create on the platform which is designated as private, we will not use that content in any publicity or promotional material. Content that you share with other people, or designate as publicly available, you grant us a non-exclusive, royalty-free, worldwide license to use, publish, publicize and distribute the content.

Security of Your Account

If you create a diary with DearDiary.Net, you are responsible for maintaining the security of your account and diary, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the diary.

You agree that DearDiary.Net shall have no liability for any damages caused by your use of the Diary or any other content created by you or others.

You must immediately notify DearDiary.Net of any unauthorized uses of your diary, your account or any other breaches of security. DearDiary.Net will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Contributor Responsibilities

If you operate a diary, comment on a diary, post material to a diary (yours or someone else's), post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

By making Content available, you agree that:

for storage and service reasons, any images added to your diary will be resized to a maximum width and/or height of 1920 pixels. The quality of the image may also be reduced (though hopefully not noticeably). Please do not use DearDiary.Net as a replacement for any photo storage solution you have, as the image size and quality adjustments cannot be reversed. Don't delete your originals.
any images uploaded to any public diary (or a private diary that subsequently becomes public) must be suitable for viewing by children. Erotica, images depicting violence or graphic trauma must not be placed on public diary entries. Illegal images as defined by the jurisdictions of at least the United States, the United Kingdom, Canada, EU and Australia must not be placed on ANY diary and DearDiary.net will fully co-operate with any law enforcement investigation relating to illegal imagery placed on its service. Where there is a conflict of interpretation of illegality, the laws of the United Kingdom shall take precedence.
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party. Freedom of Speech rights end where other users rights begin, such as the right not to be defamed or abused;
your diary is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site's URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DearDiary.Net or otherwise.

Without limiting any of those representations or warranties, DearDiary.Net has the right (though not the obligation) to, in DearDiary.Net's sole discretion (i) refuse or remove any content that, in DearDiary.Net's reasonable opinion, violates any DearDiary.Net policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DearDiary.Net's sole discretion. DearDiary.Net will have no obligation to provide a refund of any amounts previously paid.

Fees and Payments

Optional premium paid services such as additional features or enhanced application support are available on the Website. By selecting a premium service you agree to pay DearDiary.Net the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are non-refundable, unless DearDiary.Net has failed to provide the service.

Responsibility of Website Visitors

DearDiary.Net has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, DearDiary.Net does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DearDiary.Net disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

If, as a reader of a diary hosted at DearDiary.Net you discover content that infringes your copyright, causes you harm or defames/abuses you or is any way objectionable, you should immediately contact DearDiary.Net using the appropriate form found on the menu of the homepage. Outline your objection and your case will be investigated. DearDiary.Net does not guarantee it will find in your favour or remove the material, particularly if a reasonable person viewing the same content would not be offended.

Copyright violations will be dealt with appropriately provided you can show that you are reasonably likely to be the copyright holder and the diary user in question is reasonably likely to not be.

Termination

DearDiary.Net may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DearDiary.Net account (if you have one), you may simply discontinue using the Website.

Notwithstanding the foregoing, if you have a Subscriber account, such account can only be terminated by DearDiary.Net if you materially breach this Agreement and fail to cure such breach within thirty (30) days from DearDiary.Net's notice to you thereof; except that, DearDiary.Net can terminate the Website immediately as part of a general shut down of our service.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The materials on DearDiary.Net's web site are provided 'as is'. DearDiary.Net 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.

Further, DearDiary.Net does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.