1. READ THIS:
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.
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 If LifeJournal has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, LifeJournal reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.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. USER CONTENT & BACK-UP
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.
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:
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:
Chronicles Software Company
PO Box 220
Sarasota, FL 34230-0220
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:
In addition, you may not:
7. TERMINATION OR RESTRICTION OF ACCESS
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.
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.
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.
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.
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.
Last updated April 13, 2013