LIFEJOURNAL TERMS OF USE

1. READ THIS:

These Terms of Use (“ToU” or “Agreement”), as amended from time to time, is a binding contract between Chronicles Software Company (“Chronicles Software” or “LifeJournal”), a Florida corporation, and you (”you,” “your” or “user”) and applies to you whether or not you are a registered user or a visitor just browsing the LifeJournal website (“Site”).  By accessing or attempting to interact with any part of the Site, you agree that you have read, understand and agree to be bound by these ToU, including the following policies in their entirety:

Privacy Policy (see https://www.LifeJournal.com/privacy-policy/)

This site is for general use only. Nothing contained on this site is or should be considered, or used as a substitute for, advice, diagnosis or treatment. Users should always seek the advice of a qualified health care provider with any questions regarding personal health, medical, or psychological conditions.

If you do not agree to be bound by these Terms of Use, do not access or use any part of the Site. Please note that this Agreement contains disclaimers of warranties and liability, and an exclusive remedy, and your acceptance of these limitations is an essential condition of the bargain between LifeJournal and you.

2. ACCESS TO SITE

In order to access some of the features of the Site, you will have to create an account (an “Account”). During the registration process, you will be required to provide certain information and you will establish an online persona and a password. You represent and warrant to LifeJournal that all information you submit when you create your Account is accurate and complete. If LifeJournal has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, LifeJournal reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.  All accounts are non-transferable and non-assignable.

As a condition of your use of this Site, you represent and warrant that you are at least eighteen (18) years of age and otherwise capable of forming a legally binding contract.  Any use or access to the Site by anyone under thirteen (13) is expressly prohibited regardless of any ability to enter in contracts or authorized by a parent or guardian.

3. SECURITY

Any passwords used for this site are for individual use only. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your user name login and password. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians.  It is highly recommended that you record your username and password in a secure place for future reference. For more information on this website’s Privacy Policy, see https://www. LifeJournal.com/privacy.

3. USER CONTENT & BACK-UP

LifeJournal does not claim any ownership rights in any content you enter into the Site (“User Content”), regardless of whether such content is posted to either public or private portions of the Site and nothing in these ToU will be deemed to restrict any rights that you may have to use and exploit any such User Content. However, for the sole purposes of technical administration of the Site, by entering any User Content through the Site, you are granting to LifeJournal and its agents or affiliates a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, broadcast, and otherwise exploit such User Content in any and all media or distribution methods not in violation of the Site’s Privacy Policy.

You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or you have all rights, licenses, consents, and releases that are necessary to grant to LifeJournal the rights in such User Content, as contemplated under these ToU; and (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or LifeJournal’s use of the User Content (or any portion thereof) on, through, or by means of the Site will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation

You are solely responsible to maintain copies of any User Content that you wish to preserve.  While every precaution will be made to maintain redundant backups of your journal data, we make no representation or guaranty concerning maintaining back-up files containing User Content. FOR THE AVOIDANCE OF ALL DOUBT, WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF THE LOSS OF ANY USER CONTENT. There are mechanisms within the journal application that you may use to back-up your journal entries and other journal data.

4. PROPRIETARY CONTENT & TRADEMARKS

Except where other provided, all content, software, and other materials accessible from the Site, and any other website owned, operated, licensed, or otherwise controlled by Chronicles Software (the “Site Content”) is the property of Chronicles Software or the party that provided or licensed the Content to Chronicles Software, whereby such providing party retains all right, title, and interest in the Site Content. Accordingly, the Site Content may not be modified, copied, distributed, displayed, reproduced, published, uploaded, posted, or transmitted in any way without the prior written consent of Chronicles Software.

All trademarks, service marks, and logos (“Marks”) appearing in this site are the property of Chronicles Software or the party that provided the Marks to Chronicles Software, and Chronicles Software and any party that provided said Marks retains all rights with respect to any of their respective Marks.

COPYRIGHT INFRINGEMENT/DMCA.

Chronicles Software respects the intellectual property rights of others and requests that users of the Site do the same. If you believe that your work is being used on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing and pursuant to the Digital Millennium Copyright Act:

  1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  2. identification of the copyrighted work that you claim has been infringed;
  3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Chronicles Software to locate the material (for example, by providing a URL to the material);
  4. your name, address, telephone number, and email address;
  5. 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; and
  6. a statement that the information in your notification is accurate, and a statement made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Our designated agent to receive notification of claimed infringement can be reached at:

Copyright Agent

Chronicles Software Company

PO Box 220

Sarasota, FL 34230-0220

copyright@lifejournal.com

5. THIRD-PARTY CONTENT & HYPERLINKS
The LifeJournal site may contain articles and advice of third-party contributors. The availability of third-party content on the Site does not imply endorsement of the ideas or opinion of the third-party authors and Chronicles Software expressly disavows any liability arising from said third-party content.

Additionally, the Site may be hyperlinked to other sites which are not maintained by, or related to Chronicles Software. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Chronicles Software. Chronicles Software has not reviewed any or all of such sites and is not responsible for the content of those sites and any hyperlink to a third-party site does not necessarily imply endorsement by Chronicles Software of that site or any association with its operators.

Chronicles Software does not control or endorse the content, messages or information found in any public forums contained on the Site and, consequently, Chronicles Software specifically disclaims any liability with respect to said forums and any actions resulting from your participation in any forum.  Moderators and hosts are not authorized Chronicles Software spokespersons, and their views do not necessarily reflect those of Chronicles Software.

6. PROHIBITED USE OF SITE

You agree to not use the Site for any illegal conduct.  You also agree to use the public portions of the Site only to post, send and receive messages and content that are proper and related to the Site’s purpose. Among other actions, when using the publicly viewable portions of the Site, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
  • disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

In addition, you may not:

  • use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
  • obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
  • use the Site to compromise security or tamper with any system resources and/or accounts. If you become involved in any violation of system security of this Site or any other in computer system, we reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
  • co-brand the Site, or (ii) frame the Site. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site; and you agree to cooperate with Chronicles Software in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

7. TERMINATION OR RESTRICTION OF ACCESS
Chronicles Software reserves the right, in its sole discretion, to monitor use of this site to determine compliance with these Terms of Use and to terminate your access to the Site, or any portion thereof at any time, without notice.

Chronicles Software reserves the right, in its sole discretion, to monitor use of this site to determine compliance with these Terms of Use and to restrict use or terminate access of persons who violates these Terms of Services, utilizes the Site in any manner that interferes with the efficient management of the Site or that otherwise interferes (intentionally or unintentionally) with other users of the Site.

8. IDEA SUBMISSIONS

You hereby grant to Chronicles Software the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Chronicles Software through this site concerning suggested modification, enhancements or expansion of Chronicle Software products (together, the “Submission”). Chronicles Software will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Chronicles Software operations.

9. PRIVACY

Chronicles Software will treat any personal information that you submit through this site in accordance with its Privacy Policy [specification of hyperlink]

10. DISCLAIMER

We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of the service are responsible for maintaining a means external to the LifeJournal website for the reconstruction of any lost data. Chronicles Software provides the service “as is” and “as available”. That means that the information contained on or provided through this service is intended for general consumer understanding and education. Any access to this site is voluntary. We will regard all access as voluntary and at the sole risk of the user. To the maximum extent permitted by law, Chronicles Software makes no representations, warranties or conditions of any kind, express or implied, as to the operation of the service or the information, tools, software, or content included in the service. Chronicles Software makes no representations or warranties that the service will be uninterrupted, error-free, virus-free, secure, or timely. To the maximum extent permitted by law, Chronicles Software expressly disclaims all representations, warranties or conditions of any kind, whether express or implied, including the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance. Some jurisdictions do not allow limitations on implied warranties, and therefore some of the above limitations may not apply to you. We urge you to keep backup copies of your personal content, if any, that you maintain on or use with the service. If your use of the service results in the need for servicing or replacing property, material, equipment or data, we are not responsible for any resulting costs or damages.

11. MEDICAL DISCLAIMER

The service does not provide medical or psychological advice. The service is for educational and general use only. Nothing contained on the Site is or should be considered, or used as a substitute for, medical or psychological advice, diagnosis or treatment. This site does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Users are advised to seek the advice of qualified health care provider with any questions regarding personal health, medical, or psychological conditions. Never disregard, avoid or delay in obtaining advice from your doctor or other qualified health care provider because of something you have read on the Site.

Chronicles Software does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Chronicles Software, Chronicles Software employees, others appearing on the site at the invitation of Chronicles Software, or other visitors to the Site is solely at your own risk.

12. INDEMNITY

You will indemnify and hold Chronicles Software, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

13. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PARTIES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PARTIES EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

14. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. The exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Sarasota County, Florida

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE REGARDING THESE TERMS OF SERVICE, OR ARISING OUT OF OR RELATED TO THE SITE OR ITS CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION INITIALLY ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Chronicles Software with respect to Chronicles Software’s websites.  Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
The failure of Office Leaks to enforce any right or provision of these ToU will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these ToU, the exercise by either party of any of its remedies under these ToU will be without prejudice to its other remedies under these ToU or otherwise.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CHRONICLES SOFTWARE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS OF THIS SITE IN OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THESE TERMS OF SERVICE, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE SITE.

Last updated April 13, 2013