DailyDiary, LLC (collectively, "we" or "us" or the "Company") provides an online diary, micro-journal and self-tracking service (the "Service") allowing people around the world to document, compare, and improve their lives through continuous introspection through DailyDiary.com (the "Site")
Use of the Service is governed by the terms and conditions contained herein, as may by amended from time to time by DailyDiary (the "Member Agreement"). Please read the Member Agreement carefully. If you do not agree or are not comfortable with any part of the Member Agreement, then you should discontinue use of the Service.
REGARDLESS OF WHETHER YOU BECOME A REGISTERED USER OR UNREGISTERED USER (e.g., NOT PARTICIPATING IN A QUESTION), BY USING ANY COMPONENT OF THE SERVICE (e.g., BECOMING A REGISTERED USER, SIGNING UP FOR A QUESTION, RESPONDING TO A QUESTION, OR FORWARDING A QUESTION), YOU ARE STATING THAT YOU AGREE TO BE BOUND BY THE MEMBER AGREEMENT.
1. USER REGISTRATION, PASSWORD AND SECURITY
If you choose to register for our Service, you must complete our registration form. As a condition of using the Service, you agree to: (a) not provide false information about yourself as prompted by the forms, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you on these forms is untrue, inaccurate, not current or incomplete, DailyDiary has the right to terminate your account and/or any answers or journal entries created under your account, and refuse any and all current or future use of the Service. You will receive an account verification email upon completing the registration form. You are responsible for verifying your identity by following the directions in the verification email and for maintaining the confidentiality of your password. You agree to notify DailyDiary immediately of any unauthorized use of your account or password. You also agree to notify DailyDiary immediately of any other breach of security.
2. USER PRIVACY
3. USER CONDUCT AND ACCEPTABLE USE
You agree to abide by all applicable local, state, national and international laws and regulations. DailyDiary is not responsible for any content created by you or that occurs under your account or password, including the content of any and all answers and journal entries that you send and/or exchange to and with any of the other DailyDiary members.
By way of example, and not as a limitation, you agree that you are in violation of the Member Agreement, and DailyDiary may remove content or messages or terminate your account or any answers or journal entries created by you, if DailyDiary believes, in its sole discretion, that you are engaged in any of the following activities: (i) Creating an entry containing nudity or pornography or other material harmful to a minor; (ii) Using the service for illegal purposes or for posting material that is unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, tortuous, libelous, invasive of another's privacy, or otherwise objectionable, including but not limited to material that contains blatant expressions of bigotry, prejudice, racism, hatred, or profanity, or that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual; (iii) Violating the rights of third parties, including but not limited to rights of publicity, copyright, trademark, patent, trade secret and other intellectual property rights, or using the Service for acts of intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs; (iv) Interfering with or disrupting the Service - or servers, computer systems, or networks connected to the Service - or violating the regulations, policies, or procedures of such networks, or interfering with another user's use and enjoyment of the Service, including but not limited to (a) transmitting any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs, or (b) attempting to gain unauthorized access to the Service, other's accounts on the Service, or private mailing lists on the Service through password mining or any other means; (v) Violating any United States law regarding the transmission of technical data or software exported from the United States through the Service, or posting information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for copyrighted game emulation); (vi). Providing false information on your registration form, or attempting to mislead others as to the identity of the sender, replier, or the origin of a message; or, (vii) Distributing content that consists of hyperlinks to sites that contain content not allowed on the Service.
DailyDiary is a passive conduit for the content and messages you send through the Service. The opinions and views expressed by participants and recipients of a DailyDiary interchange or DailyDiary session do not reflect those of DailyDiary, LLC. The contents of messages are based on information submitted by individual users, and DailyDiary does not review, screen or edit comments sent or comments exchanged within DailyDiary. Nonetheless, DailyDiary reserves the right but not the duty to monitor or remove any information transmitted or received through the Service, to terminate your account and use of the Service, or to remove any message from the system at any time, without notice, in our sole discretion. DailyDiary encourages you to bring violations of the Member Agreement to our attention, although we do not guarantee any action will occur based on the disclosure of such information.The Submission of Content
All information, data, text, software, music, sound, photographs, graphics, video, audiovisual content, messages or other materials (collectively, the "Content") uploaded or submitted to, or otherwise posted on, the Site, whether publicly posted or privately transmitted, are subject to the terms of the DailyDiary License Agreement, which can be found below, and is a part of, and is incorporated into, this Member Agreement. You, and not DailyDiary, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site. DailyDiary does not control the Content uploaded, submitted or posted by users via the Site and, as such, does not guarantee the accuracy, integrity, appropriateness or quality of such Content. You should not upload, submit or post Content that contains personal or confidential information about yourself or any third party that you may not wish to share with the public at large. Under no circumstances will DailyDiary be liable in any way for any Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any Content uploaded, submitted, posted, emailed or otherwise transmitted via the Site.
Some Content on the Site may be "rated" by users as to the nature of its content. You understand that such ratings are provided by users of the Site, and that DailyDiary may, but is not obligated to, review such ratings. Ratings should not be viewed as a representation by DailyDiary as to the nature of Content and, regardless of the rating associated with any Content, you must evaluate, and bear all risks associated with, the uploading, submitting, posting, viewing or use of any Content on the Site.
You hereby represent, warrant, and agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your uploading, submitting, posting or transmission of any Content via the Site.
You may not, and you hereby represent and warrant that you will not, upload, submit, post, transmit or otherwise make accessible on or through the Site Content that: is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, harassing, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious; may be harmful to minors; contains "hate speech" or otherwise promotes discrimination or violence on the basis of race, national origin, religion, age, gender, disability or sexual orientation; infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party; contains a "virus" or any other similar or dissimilar code file or program that may interrupt, destroy, compromise or otherwise limit the functionality of any computer software or hardware or telecommunications equipment; or violates this Member Agreement or any local, state, national or other applicable laws and regulations.
In addition, in connection with your use of the Site or the Content featured thereon, you may not, and you hereby represent and warrant that you will not: impersonate any person or entity, including a DailyDiary officer or employee, or falsely misrepresent your affiliation with any other person or entity; forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any Content posted or transmitted though or on the Site; post or transmit any Content that you do not have the right to post or transmit; post or submit unsolicited commercial email, chain letters, pyramid schemes, or seek or encourage other to engage in these activities; disrupt the ordinary flow and operation of any portion of the Site, including causing a screen to scroll faster than another User may be able to type in a chat room or bulletin board environment; interfere with or disrupt the Site or any server or network involved with the operation of the Site; stalk or harass any other person; collect or "harvest" from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; or use the Site for or in connection with a commercial purpose.DailyDiary License Agreement
A. By submitting public content to DailyDiary, you grant DailyDiary a worldwide, non-exclusive, royalty-free, assignable, transferable, sublicenseable, perpetual license to use, reproduce, digitize, reformat, display, transmit, alter, perform, modify, adapt, publish, distribute, and otherwise make use of such content in any manner, in whole or in part in any and all past, present and future media, as DailyDiary shall determine from time to time in its sole discretion, including, without limitation, in connection with (i) the appearance of such content on DailyDiary.com, (ii) the display of such content with or without advertising, or other information or content, (iii) the distribution and promotion of such content, and (iv) the distribution and promotion of DailyDiary, its affiliates, partners, agents and business relations.
B. You hereby represent and warrant: (i) that you have the right to grant the license set forth in paragraph A hereof, (ii) that you have the right to cause the content to be used, reproduced, digitized, reformatted, displayed, transmitted, altered, performed, modified, adapted, published, distributed, or otherwise used in any manner, in whole or in part in any and all present and future media, (iii) the activities set forth in (i) and (ii), whether done by you, or DailyDiary, or its affiliates, partners, agents, or business relations, shall not infringe the rights of any third party, and (iv) no portion of the content contains obscene or pornographic material. Without limiting the generality of the preceding sentence, you represent and warrant that: (x) you have obtained any and all necessary third-party rights, licenses, permissions, releases, approvals, clearances, credit and attribution waivers, (y) you have paid any and all third-party payments, obligations, encumbrances, royalties, license fees, or re-use fees, including, without limitation, any and all applicable guild payments, mechanical fees, and synch licenses, and (z) no portion of the content is slanderous of libelous of any third party. Any breach of this license agreement shall be subject to the indemnity provisions set forth in this Member Agreement.
4. TERMINATION AND DAILYDIARY LIFESPAN
Any misuse of the Service or violation of the Member Agreement will cause termination of your account and/or any answers or journal entries created by you. DailyDiary reserves the right to delete all data and files in your account and bar any further access to such files, with or without cause at any time, for any reason or no reason, and/or to terminate your use of the Service with or without cause at any time and effective immediately, without prior notice. Any attempt to circumvent our barring of access to your account and files is considered a violation of the Member Agreement. The DailyDiary lifespan or the length of time that an individual journal is available through the Service is determined at the sole discretion of DailyDiary.
5. NO SPAM
DailyDiary has the right to immediately terminate the membership of any DailyDiary user that it believes, in its sole discretion, is using DailyDiary to transmit or is otherwise connected with any junk mail, spam, or other unsolicited bulk email, or user-submitted or user-initiated advertising, commercial or otherwise.
6. NO RESALE OF SERVICE
You agree not to resell, lease, rent, or distribute or make any commercial use of the Service or access to the Service without the prior written consent of DailyDiary, LLC.
You agree to indemnify, defend and hold harmless DailyDiary and its parents, subsidiaries, affiliates, directors, officers, shareholders and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Service. DailyDiary reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
8. MODIFICATIONS TO MEMBER AGREEMENT OR TO THE SERVICE
DailyDiary reserves the right to change the Member Agreement at any time without notice. DailyDiary also reserves the right to modify or discontinue the Service or any component of the Service, temporarily or permanently, with or without notice to you. You agree that DailyDiary shall not be liable to you or any third party for any modification to or discontinuance of the Service or any component of the Service. Any modifications to the Member Agreement will be posted here. You agree to review the Member Agreement periodically so that your continued use or membership of the Service is in compliance with our then-current Member Agreement.
9. DAILYDIARY'S PROPRIETARY RIGHTS
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by DailyDiary, our partners and advertisers is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that DailyDiary can display such content throughout the Service, including the insertion of sponsor content into messages distributed via the Service, and you acknowledge and agree that DailyDiary can host and serve such content. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, rent, lease, loan, sell, transfer, distribute or recreate the content available through the Service, in any way, including code and software.
10. DAILYDIARY'S TRADEMARKS
DailyDiary, DailyDiary.com, the DailyDiary.com logo, other DailyDiary logos and DailyDiary branded products are intended to be marks of DailyDiary, LLC. You agree not to use any such marks without our prior written permission.
11. EXTERNAL LINKS
The Service contains links to other Internet sites, resources and members of the Service. We are not responsible for the availability of these outside resources, or their contents, nor do we endorse nor are we responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
12. DISCLAIMER OF WARRANTIES
THE SERVICE AND MATERIALS AVAILABLE THROUGH DAILYDIARY AND ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. DAILYDIARY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
DAILYDIARY IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES DISTRIBUTED THROUGH DAILYDIARY OR THE CONTENT OF JOURNALS THEMSELVES, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAILYDIARY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
DAILYDIARY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. DAILYDIARY DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. DAILYDIARY MAKES NO WARRANTY THAT DEFECTS IN THE SERVICE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DAILYDIARY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM DAILYDIARY OR ADVERTISED THROUGH ITS SPONSORS OR DAILYDIARY MESSAGES, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH MESSAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAILYDIARY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
13.LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DAILYDIARY OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DAILYDIARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY AGREE THAT DAILYDIARYing IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THIS MEMBER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
YOU AGREE THAT DAILYDIARY IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM OUR DELETION OF ANSWERS OR JOURNAL ENTRIES, FROM NETWORK OR SYSTEM OUTAGES, FROM DATA OR FILE CORRUPTION OR ANY OTHER REASON.
YOU FURTHER AGREE THAT DAILYDIARY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
14. DIGITAL MILLENIUM COPYRIGHT ACT
DailyDiary respects the intellectual property of others, and we ask our users to do the same. In compliance with 17 U.S.C. 512(c), DailyDiary has designated an agent (the "Copyright Agent") to receive notifications of claimed infringement by any material made available through the Service. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;(ii) A description of the copyrighted work that you claim has been infringed;(iii) A description of where the material that you claim is infringing is located on the Service;(iv) Your address, telephone number, and email address;(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;(vi) 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. DailyDiary's Copyright Agent for notice of claims of copyright infringement on its site is Lance Lovette who can be reached through our contact form.
The Member Agreement and the relationship between you and DailyDiary shall be exclusively governed by and construed in accordance with the laws of the State of New York and the United States without regard to conflict of law provisions (i.e., not to be governed by and construed in accordance with the individual laws of any other legal jurisdictions such as those found in other countries). You and DailyDiary agree to submit to the personal and exclusive jurisdiction of the courts located in the state of New York.
You understand that DailyDiary is under no obligation to provide assistance, including any technical or customer service or support in the use of the Service.
The failure of DailyDiary to exercise or enforce any right or provision of the Member Agreement shall not constitute a waiver of such right or provision. If any provision of the Member Agreement is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Member Agreement shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Member Agreement must be commenced within one (1) year after such claim or cause of action arose or be forever barred.