LuckyDiary Terms of Service
ACCEPTANCE OF TERMS
By using LuckyDiary.com, you are agreeing to the following terms of service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.luckydiary.com/terms or request a copy from us.
DESCRIPTION OF SERVICE
LuckyDiary.com provides any user above 13 years of age with access to Online a web diary application (the "Service"). Unless stated oppositely, any new features to the current Service, shall be subject to the TOS. You are responsible for gaining access to the Service and that access may involve third party fees (such as Internet service provider). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
You must be 13 years or older to use this Service. Accounts registered by automated methods are not permitted. You must provide your full name, a valid email address, and any other information requested in order to complete the signup process. In consideration of your use of the Service, you agree to maintain and promptly update your registration data like email, name, payment information, etc.
FEES AND PAYMENT
You agree to cover the relevant charges for purchases from Lucky Diary. Unless we state otherwise, all charges are not refundable. On your every purchase from Lucky Diary, you affirm that you will be responsible for such charges, even if your membership is canceled or terminated. In case of Charge-back Request from our Merchant bank, we reserve the right to immediately interrupt Customer's Account until the Charge-back Request has been formally settled between Lucky Diary and the Merchant Service Authority. This process may take more than a few weeks. If you are disputing a billing error, Lucky Diary encourages Customer to first contact Lucky Diary Support to resolve any disagreement to avoid having Customer's Account interrupted on notification of a Charge-back. Lucky Diary keeps the right to reject in any service to Customer while a Charge-back Notice is pending investigation by the Merchant Service Authority.
ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Lucky Diary of any unauthorized use of your password or account or any other breach of security, and ensure that you log out of your account at the end of each session. Lucky Diary cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, graphics, messages or different materials ("Content"), are the sole responsibility of the person from which such Content originated. This means that you, and not Lucky Diary, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Lucky Diary does not control the Content posted via the Service. Under no circumstances will Lucky Diary be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You acknowledge and agree that Lucky Diary may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of LuckyDiary, its users and the public.
You agree to indemnify and hold Lucky Diary, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You agree that Lucky Diary, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, or if Lucky Diary believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Lucky Diary may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Lucky Diary may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Lucky Diary shall not be liable to you or any third-party for any termination of your access to the Service. In case you would like to cancel your account you are solely responsible for properly doing so. An email request to cancel your account is not considered cancellation. You can cancel your account by clicking on the "Subscription" tab in the My Account area while logged into your account. The Account screen provides a simple no questions asked cancellation procedure. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
Lucky Diary reserve the right not to terminate your account.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Lucky Diary has no control over such sites and resources, you acknowledge and agree that Lucky Diary is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lucky Diary shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
PROPRIETARY RIGHTS OF Lucky Diary
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Lucky Diary, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Lucky Diary grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Lucky Diary for use in accessing the Service.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Lucky diary expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from lucky diary or through or from the service shall create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY
You expressly understand and agree that Lucky Diary shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if lucky diary has been advised of the possibility of such damages), resulting from:
The use or the inability to use the service; The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; Unauthorized access to or alteration of your transmissions or data; Statements or conduct of any third party on the service; or Any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of the above two sections may not apply to you.
Notices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.
COPYRIGHTS and COPYRIGHT AGENTS
Lucky Diary respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Lucky Diary.
The TOS constitute the entire agreement between you and Lucky Diary and govern your use of the Service, superceding any prior agreements between you and Lucky Diary. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You and Lucky Diary agree to submit to the personal and exclusive jurisdiction of the courts of Lucky Diary's choice. The failure of Lucky Diary to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS 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 the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to Lucky Diary.