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Terms and Conditions
This service is provided by MyDearDiary for use by diarists, readers and other visitors to the MyDearDiary Web site (collectively known as "Users"). This page states the Terms and Conditions under which you, as a User, may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Web Site. MyDearDiary may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you. If you violate any of these Terms, your permission to use this site automatically terminates.


Privacy Policy
The privacy of individuals who visit our Web site, send us e-mail or provide an e-mail address to receive newsletters and the like is a matter of importance to us. We are concerned about your privacy and the protection of that privacy. The following outlines our policies with regard to the protection of your private information.

MyDearDiary will not collect any information about you such as your name, address, telephone number, or e-mail address unless you provide it to us voluntarily. If you do not want personally identifiable information or data collected we advise that you do not submit such information to us. In the event that such information has been provided you may contact us and we will make all reasonable effort to remove such information from any existing data files. Certain non-personal information may be gathered and stored to log files as you use our site for statistical purposes only.

At the present time, we do not share, disclose or sell any personally identifiable information collected. Any e-mail addresses submitted to MyDearDiary or collected by MyDearDiary are used to deliver to you our newsletter or other important information regarding this and other sites we own. Should we determine to make such information available to third parties we will endeavor to provide notification of such intention and offer a reasonable opportunity for Users to indicate a preference that such information not be shared.

Certain non-personal information and data may be automatically collected through the standard operation of our servers or through the use of "cookies", either by either MyDearDiary or third party advertisers. "Cookies" are small text files used to recognize repeat visitors, permit access to and use of the site and allow a site to track usage behavior and compile data that will allow content improvements and targeted advertising. Information of this nature collected by MyDearDiary shall be used for statistical purposes only.

Users should also be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address, etc.) in their personal diary that such information, along with any substantive information disclosed, can be collected and used by third parties and may result in unsolicited messages from other users or third parties. Such activities are beyond the control of MyDearDiary. Information disclosed in your diary becomes public information and you should exercise caution when deciding to disclose your personal information. Additionally, MyDearDiary may contain links to other sites and is not responsible for the privacy practices or the content of such third party sites.

By visiting and participating in our online diary service you indicate your agreement with the above stated Privacy Policy. If you do not agree to this policy, please do not use this site. MyDearDiary reserves the right to change this policy at any time. Please check this page periodically for changes. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

If you have submitted personally identifiable information to MyDearDiary and would like that information removed from our records, you may contact us at http://www.mydeardiary.com/contact.html.


COPPA
The Children's Online Privacy Protection Act (COPPA) was signed into law on October 21, 1998 and is effective as of April 21, 2000. The purpose of COPPA is to regulate the online collection and use of personal information provided by and concerning children under the age of thirteen. On October 21, 1999, the Federal Trade Commission, pursuant to the requirements of COPPA, published final rules in the Federal Register implementing COPPA. The Rules set forth the specific manner in which entities are expected to comply with, and how the FTC will enforce, COPPA.

To address COPPA, we will no longer permit children under age 13 to use the MyDearDiary.com service. We regret any inconvenience this may cause, but it is simply the easiest way to deal with the problem.

Parents, we do not allow diariesto be created by children under 13. However, if you are aware that your young child is using our service and would like their account terminated, please contact us at: http://www.mydeardiary.com/contact.html


Copyright Notice
MyDearDiary contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, graphics, and the entire contents of MyDearDiary are copyrighted as a collective work under the United States copyright laws. The copyright on each individual diary is owned by the writer of the diary. Users of this site may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of MyDearDiary and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. Users acknowledge that it does not acquire any ownership rights by downloading copyrighted material.

User Conduct
(A) Users shall use MyDearDiary for lawful purposes only. No pornographic or erotic material is allowed in public diaries, even if it is considered to be legal, because many mydeardiary.com readers are under the age of 18. Users shall not post or transmit through MyDearDiary any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which, encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MyDearDiary's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that restricts or inhibits any other User from using or enjoying MyDearDiary will not be permitted. Users shall not use MyDearDiary to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become diarists of other on-line diary services competitive with MyDearDiary.
(B) Users shall not upload, post or otherwise make available on MyDearDiary any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to MyDearDiary, User automatically grants, or warrants that the User or other owner of such material has expressly granted to MyDearDiary a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User hereby grants MyDearDiary the right to edit, copy, publish and distribute any material made available on MyDearDiary by User free of any restriction or royalty owing to User or any third party.
(C) MyDearDiary Reserve the right to block access to or eliminate content determined in good faith to violate the copyright of a third party and as a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post sexually-explicit images; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
(D) MyDearDiary reserves the right to restrict access to anyone or thing for any reason what so ever and at anytime, with or without warning. Members and guests must conduct themselves appropriately on the public forums by following the below rules at all times. Members or guests who fail to comply will have their access removed.
Forum Rules:
Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. By using the forums, this is symbolic you agree to these terms.
Although the administrators and moderators of the forums will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of MyDearDiary.com will be held responsible for the content of any message.
You must not post or send any messages that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violative of any laws. The owners reserve the right to remove, edit, move or close any thread for any reason.

Liability of MyDearDiary.com
(A) The material available on this site may contain inaccuracies or typographical errors. MyDearDiary makes no representations about the accuracy, reliability, completeness, or timeliness of the. The use of this Web Site and the reliance upon any information contained herein is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
(B) MyDearDiary DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MyDearDiary IS NOT RESPONSIBLE FOR THOSE COSTS.
(C) THE WEB SITE AND MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MyDearDiary AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. MyDearDiary AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Third Party Hyperlink Disclaimer
MyDearDiary.com provides hypertext links to other Web sites only as a convenience. These links are not under the control of MyDearDiary.com. MyDearDiary.com does not necessarily endorse and is not responsible for any third-party materials accessed through MyDearDiary.com. MyDearDiary.com expressly disclaims all liability with respect to actions take or not taken based on any or all of the content of any third-party sites.

Disclaimer of Consequential Damages
IN NO EVENT SHALL MyDearDiary, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MyDearDiary IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The foregoing provisions are for the benefit of MyDearDiary.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms and Conditions shall be governed and construed in all respects by the laws of the State of California, USA. The courts of the State of California, USA, shall have jurisdiction concerning all matters pertaining to these Terms and Conditions as well as any other matters arising under the operation or use of this Web Site


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