Terms of Service
- ACCEPTANCE OF TERMS
MyOwnJournal.com provides the following service to you, subject
to these Terms of Service ("TOS"), which may be updated periodically
without notice.
You can review the current version of the TOS at: http://www.MyOwnJournal.com/tos.php.
Failure to comply with these TOS may result in account revocation.
- DESCRIPTION OF SERVICE
MyOwnJournal.com is a web-based service that allows its users to
create and update online journals (herein referred to as "MyOwnJournal",
or "the Service"). The Service can be updated through a web browser.
Once registered with MyOwnJournal.com, each user receives his or
her own journal space to post text, data, messages, or information
concerning or linked to software, music, sound, photography, graphics,
and video ("the Content"). This Content may reside on MyOwnJournal's
servers or on the servers of a third party.
- ACCOUNT STRUCTURE
MyOwnJournal currently has a four-tier account structure. All accounts
are available in accordance with local law including the Children's
Online Protection Privacy Act (COPPA) which restricts children under
the age of 13 from registering;
- Free Accounts: MyOwnJournal.com accounts
are available for free to all valid registrants. Free accounts
offer a limited number of features in relation to the other accounts
offered.
- Early Adopter: Early Adopters are offered
extended features over free account users, but do not receive
any new pay features.
- Paid Accounts: Paid accounts are available
for term-based fee and offer users all extended and basic features
that MyOwnJournal.com offers. Paid accounts are non-transferable
and non-refundable. Once a username is chosen and paid for, that
user owns it until the journal is deleted, whether by MyOwnJournal.com
or the user.
- Permanent Accounts: These accounts have
access to all the paid account features for as long as the site
continues to run, with no recurring fees. These accounts are generally
bestowed upon the MyOwnJournal.com founders, administrators, or
those that have earned a Permanent Account by virtue of "Work
Excellence" for MyOwnJournal.com. MyOwnJournal administrative
communities such as news, development, et al. are also established
as Permanent Accounts for the benefit of MyOwnJournal users.
You hereby agree to this structure, and to MyOwnJournal.com's
right to change, modify, or otherwise discontinue any type of account
and/or its respective services.
- YOUR REGISTRATION OBLIGATIONS
Account registration and verification is required in order to create
a MyOwnJournal.com account. During registration, all users are required
to provide accurate, complete and current information about themselves
in all required fields. Should any of your own information change
after submitting it to MyOwnJournal, you are hereby required to
update that information as soon as possible. Should MyOwnJournal.com
suspect that your personal information is not complete, current,
or accurate, your account may be subject to suspension or termination.
Should you feel that MyOwnJournal.com's privacy policy is not sufficient
for you to complete the registration form truthfully, please email
your policy concerns to privacy@MyOwnJournal.com.
- MyOwnJournal.com PRIVACY POLICY
For information on MyOwnJournal's privacy practices, please see
the entire privacy policy at http://www.MyOwnJournal.com/privacy.php.
- INDEMNITY
You agree to indemnify and hold MyOwnJournal.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorney fees, made by any third party due to or arising out of
your Content, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another,
whether you are a registered user or not. The user is solely responsible
for his or her actions when using the Service, including, but not
limited to, costs incurred for Internet access.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MyOwnJournal.com may establish limits concerning
use of the Service and may modify these limits at any time.
- MODIFICATIONS TO SERVICE
MyOwnJournal.com reserves the right to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with
or without notice at any time. You agree that MyOwnJournal.com shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service.
- TERMINATION
You agree that MyOwnJournal.com, in its sole discretion, may terminate
your password, journal, or account, and remove and discard any content
within the Service, for any reason, including and without limitation,
the lack of use, or if MyOwnJournal.com believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. Any
contracts, verbal or written or assumed, in conjunction with your
deleted journal and all its parts, at MyOwnJournal.com's discretion,
will be terminated as well. MyOwnJournal.com 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
MyOwnJournal.com may immediately deactivate or delete your MyOwnJournal.com
journal and all related information and files. MyOwnJournal.com
reserves the right to bar any further access to such files or the
Service. You agree that MyOwnJournal.com shall not be liable to
you or any third-party for any termination of your access to the
Service. Paid accounts that are terminated will not be refunded.
- ADVERTISEMENTS AND PROMOTIONS
MyOwnJournal.com has decided to remove all banner advertisements
and promotions on MyOwnJournal.com journals. However, MyOwnJournal.com
reserves the right to run advertisements and promotions on the MyOwnJournal.com
service in the future. By using MyOwnJournal.com, you agree that
MyOwnJournal.com has the right to run such advertisements and promotions
with or without prior notice, and without recompense to you or any
other user. The manner, mode and extent of advertising by MyOwnJournal.com
on your journal are subject to change. You agree that MyOwnJournal.com
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
- LINKS
The Service, or relevant third parties, may provide links to other
web sites or resources. Because MyOwnJournal.com has no control
over such sites and resources, you acknowledge and agree that MyOwnJournal.com
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 MyOwnJournal.com 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.
- MyOwnJournal.com PROPRIETARY RIGHTS
You must acknowledge and agree that the Service, and any necessary
software used in connection with the Service (referred to as "Software"),
may contain proprietary and confidential information that is protected
by applicable laws governing intellectual property, proprietary
rights and the like. All MyOwnJournal code and specifications are
subject to their said or implied licenses.
- JOURNAL CONTENT
Guidelines for posting to your online journal shall be as follows:
- All Content posted to MyOwnJournal.com in any
way, is the responsibility and property of the author. MyOwnJournal
is committed to keeping the Service in decent standing for all
audiences but is not responsible for the monitoring or filtering
of any journal Content. Within the confines of international and
local law, MyOwnJournal.com will not place a limit on the type,
or appropriateness of user content within journals. Those users
posting material not suitable for all audiences must agree that
they are fully responsible for all the content they have posted
anywhere on the service. Should content be deemed illegal by such
law having jurisdiction over the user, MyOwnJournal.com is committed
to submitting all necessary information to the proper authorities.
For Adult Material that Myownjournal.com finds offensive and not
suitable for all ages in a public post, we have every right to
make those entries private with a notification sent to the user
informing he/she of our actions;
- Should any Content be reported to MyOwnJournal.com
as being offensive or inappropriate, MyOwnJournal.com might call
upon the author to retract, modify, or protect (by means of private
and friends only settings) the Content in question within a reasonable
amount of time, as set forth by the MyOwnJournal.com staff. Should
the author fail to meet such a request from MyOwnJournal.com staff,
MyOwnJournal.com has the full authority to terminate any such
reported and verified offensive account holding such inappropriate
content. MyOwnJournal.com, however, is under no obligation to
restrict or monitor journal Content in any way;
- MyOwnJournal.com claims no ownership or control
over any Content posted by its users. The author retains all patent,
trademark, and copyright to all Content posted within available
fields, and is responsible for protecting those rights, but is
not entitled to the help of the MyOwnJournal.com staff in protecting
such Content;
- MyOwnJournal.com reserves the right, without
limitation except by law, to serve user Content on the web according
to the security provisions set forth by the author. MyOwnJournal.com
also reserves the right, without limitation, to resell any portion
of a user's MyOwnJournal back to that individual;
- You acknowledge that MyOwnJournal.com does not
pre-screen Content, but that MyOwnJournal.com and its designates
shall have the right (but not the obligation) on their sole discretion
to refuse or remove any Content that is available through the
Service. Without limiting the foregoing, MyOwnJournal.com and
its designates shall have the right to remove any content that
violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use
of any content, including any reliance on the accuracy, completeness,
or usefulness of such content. Furthermore, MyOwnJournal.com reserves
the right to limit access to your journal, if found in violation
of the TOS, by removing the journal and related user information
from the member directory, search engine, and all other methods
used in conjunction with finding MyOwnJournal.com's users.
- MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials,
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. MyOwnJournal.com
does not control Content posted via the Service and, as such, does
not guarantee the validity of such Content. You also understand
that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Should Content be found or
reported to be in violation with, but not limited to, the following
terms, it will be MyOwnJournal.com's sole discretion as to what
action should be taken.
You agree to NOT use the Service to:
- Upload, post or otherwise transmit any content
that is in MyOwnJournal.com's opinion to be unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive to another's privacy (up to, but not
excluding any address, email, phone number, or any other contact
information with out the written consent of the owner of such
information), hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way, as seen by MyOwnJournal.com
or applicable law;
- Impersonate any person or entity, including,
but not limited to, a MyOwnJournal.com staff member or volunteer,
or falsely state or otherwise misrepresent your affiliation with
a person or entity;
- Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through
the Service;
- Upload, post or otherwise transmit any content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any content
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
- Upload, post or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form
of solicitation;
- Upload, post or otherwise transmit any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
- Intentionally or unintentionally violate any
applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
- "Stalk" or otherwise harass another person or
company;
- Collect or store personal data about other users
for business purposes;
- Promote or provide instructional information
about illegal activities, promote physical harm or injury against
any group or individual, or promote any act of cruelty to animals.
This may include, but is not limited to, providing instructions
on how to assemble bombs, grenades and other weapons or incendiary
devices;
- Use MyOwnJournal.com as a forwarding service
to another website;
- Allow usage by others in such a way as to violate
MyOwnJournal.com's TOS;
- Engage in commercial activities within MyOwnJournal
or on behalf of MyOwnJournal.com without prior approval. This
includes, but is not limited to, the following activities:
- Displaying a banner that is designed to profit
you or any other business or organization; and
- Displaying banners for services that provide
cash or cash-equivalent prizes to users in exchange for hyperlinks
to their web sites.
If any user is reported to be in violation with
the letter or spirit of these terms, MyOwnJournal.com retains the
right to terminate such account at any time without further warning.
- VOLUNTEERS AND MyOwnJournal.com
MyOwnJournal.com is largely a volunteer-run project whose primary
intent is to provide high quality, community driven on-line services.
To achieve this goal, MyOwnJournal.com volunteers are often called
upon to perform a variety of technical and non-technical tasks,
including, but not limited to, programming, the creation of web-based
content (HTML, BML, and other formats), graphic design, audio and/or
visual content creation, technical writing, managing electronic
data libraries and/or databases, technical support, reviewing, categorizing,
legal assistance, archiving and/or forwarding electronic data, providing
expert advice, administration, management, accounting, research,
content creation, promotions, or other assignments, as needed. All
volunteers are expected to be of legal age, or volunteering with
the consent of a legal parent or guardian.
By accepting these Terms of Service, any MyOwnJournal.com member
agrees that the intellectual content created as a result of volunteer
work for MyOwnJournal.com constitutes a work for hire and that all
intellectual property rights in said content shall vest in MyOwnJournal.com
at the time that it is created to the extent permitted by law. If
laws prevent such vesting, the volunteer makes assignment of all
such rights to MyOwnJournal.com at the time of creation.
If laws prevent such assignment, the volunteer grants a perpetual
world wide irrevocable license to MyOwnJournal.com to use said content.
If laws prevent such licensing, the volunteer agrees never to sue
MyOwnJournal.com for the use of said content.
The volunteer certifies that any electronic data he/she submits
is his/her work and that to the best of the volunteer's knowledge,
the electronic data is not claimed by another. MyOwnJournal.com
will provide sufficient tools, training and direction to the volunteer
as necessary to accomplish mutual goals. The volunteer agrees to
insure that any work provided is correct, error free and does not
contain any inflammatory language, indecency or obscenities. Furthermore,
if said work is found to be illegally presented, claimed, or forged,
MyOwnJournal.com will remove such material and, at MyOwnJournal.com's
discretion, seek action against the individual(s) from which the
work originated.
No MyOwnJournal user is required to become a volunteer to this
service, and users without volunteer status are guaranteed reasonable
support and attention as compared to those users that are volunteers.
Without the expressed written confirmation to the contrary, all
MyOwnJournal.com positions are assumed to be taken without pay or
future consideration.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MyOwnJournal.com
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.
(b) MyOwnJournal.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) 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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM MyOwnJournal.com 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 MyOwnJournal.com 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 MyOwnJournal.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
- GENERAL INFORMATION
The TOS constitutes the entire agreement between you and MyOwnJournal.com
and governs your use of the Service, superseding any prior agreements
between you and MyOwnJournal.com (including, but not limited to,
any prior versions of the TOS). The laws of the State of Oregon,
U.S.A, shall govern the TOS and the relationship between you and
MyOwnJournal.com. without regard to its conflict of law provisions.
You and MyOwnJournal.com agree to submit to the personal and exclusive
jurisdiction of the courts located within Washington County, Oregon,
U.S.A. The failure of MyOwnJournal.com 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.
- VIOLATIONS
Report them to violations@myownjournal.com
with a full description of actions regarding the violation.
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