PrivateJournals.com - Free online diary & depression / stress resources

These Terms of Service (this "Agreement") constitute a binding agreement regarding your use of the Web Site (the "Web Site") and the services offered from the web site (the "services"). By registering and/or submitting entries, you are manifesting your assent and agree to be bound by the terms of this agreement. In return, you will gain a REVOCABLE license to access the content and services OFFERED by PrivateJournals.com in accordance with the terms and conditions of this Agreement.

1. Purpose. The purpose of this Web Site and the Services is to provide users with resources pertaining to well-being, depression, stress, and other health-related areas, and to provide a means for expressing thoughts, feelings, and creativity through the use of a private online journal. This site does not offer counseling or a means to forego necessary mental assistance and/or medication. Additionally, our forums present a place to discuss depression, stress, writing, and other topics, but are not maintained, moderated, or supervised by depression, stress, or writing experts. Any advice, suggestions, or other information posted within our forums should not be construed as professional advice or be used to forego professional treatment.

2. Copyright; License. By posting Content on the Web Site forums you agree, represent, and warrant that the posting of such Content does not infringe upon any third party's copyrights in such content. You shall retain any prior ownership of the copyrights in any Content that you post on the Web Site (to the extent such Content is entitled to copyright protection). This agreement pertains to the public areas and does not pertain to your online diary. Your online diary is a private place, supervised and owned by you. Moreover, your online diary is the sole responsibility of you.

3. Prohibited Content. You agree that you will NOT engage in any of the following prohibited activities on the Web Site:

Posting Content that is intended to advertise for any products or services;
Posting mass, unsolicited Content of any kind ("SPAM");
Posting Content that violates or infringes anyone's intellectual property rights, including copyrights, trademarks, trade secrets, patents, or publicity rights;
Posting Content that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected;
Posting Content that violates federal or state law or constitutes a breach of any contractual obligation;
Posting Content that gives access to pirated software, computer hacker programs, computer viruses, or any other unlawful materials;
Posting Content that is off-topic;
Falsely stating or misrepresenting your affiliation with an individual or business, or impersonating an individual or business;
Forging or manipulating PrivateJournals.com identifiers (such as headers) to disguise the source of Content transmitted or owned by PrivateJournals.com; or
Copying any Content obtained from the Web Site, with the exception of brief or occasional quotations from other users' posted Content so long as you give appropriate attribution to PrivateJournals.com and the author of such posted Content.

Removal Right. You agree that PrivateJournals.com may remove, disable, or restrict access to or the availability of any Content from the Web Site, including, but not limited to, Content that PrivateJournals.com believes violates the terms of this Agreement (whether or not PrivateJournals.com is in fact correct in its belief) or which is subject to a notification duly sent to PrivateJournals.com pursuant to the Digital Millenium Copyright Act as discussed further in Section 11 of this Agreement. Depending on the severity of the violation, PrivateJournals.com may opt to restrict or terminate your access to the Web Site. Posting Content on the Web Site is a privilege, not a right. Under no circumstances may PrivateJournals.com be held liable for removing, disabling, or restricting access to or the availability of posted Content.

5. Term; Termination. You agree that PrivateJournals.com may unilaterally terminate or restrict your access to the Web Site if you violate any terms of this Agreement.

6. No Joint Venture, Partnership, Agency, or Employment. Nothing contained herein creates between you and PrivateJournals.com any joint venture, partnership, agency, or employment relationship.

7. Linking. PrivateJournals.com may provide links from the Web Site as a convenience to you and all others who use the Web Site. PrivateJournals.com has no control over these web sites and makes no representations about any content or material available at these web sites. Links are not intended tom imply sponsorship, affiliation, or endorsement.

8. Privacy. PrivateJournals.com does not knowingly provide any third party with any information about users of the Web Site, unless PrivateJournals.com obtains your permission or is compelled to do so by court order. You agree to respect the privacy rights of other users by not harvesting, publishing, or selling their email addresses or other personal information that may be available at the Web Site.

9. Digital Millenium Copyright Act Compliance. PrivateJournals.com respects the rights of all copyright holders in this regard, PrivateJournals.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PrivateJournals.com's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millenium Copyright Act, 17 U.S.C 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PrivateJournals.com to locate the Content;
Information reasonably sufficient to permit PrivateJournals.com to contact the complaining party;
A statement that the complaining party has a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millenium Copyright Act, please contact PrivateJournals.com's Copyright Agent at copyright@PrivateJournals.com.

10. Good Samaritan Third-Party Content Policy and Complaint Procedures.

Policy. It is PrivateJournals's policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. PrivateJournals.com will do its best, in good faith, to remove, disable, or restrict access to or the availability of Content that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. The provisions of this Section 12(a) are intended to implement this policy but are not intended to impose a contractual obligation on PrivateJournals.com to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Web Site.
Complaint Procedures. If you believe that someone has posted material that violates this policy (other than in cases of copyright infringement, which is addressed in Section 11), PrivateJournals.com asks you to promptly notify it by email at complaints@PrivateJournals.com. In order to allow PrivateJournals.com to respond effectively, please provide PrivateJournals.com with as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending Content is located; (4) any grounds to believe that the person who posted the Content was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identify of the person or persons who posted the infringing or offending Content.

12. Modifications of these Terms of Service. PrivateJournals.com may modify the terms of this Agreement from time to time in its sole discretion. In the event of modifications, by your continued use of PrivateJournals.com's services, you are manifesting your assent and agree to be bound by such modifications. When a modification occurs, PrivateJournals.com will post the updated terms of this Agreement at http://www.PrivateJournals.com/terms.php.

13. Indemnity. You agree to indemnify, defend, and hold harmless PrivateJournals.com and its parents, directors, officers, employees, agents, and affiliates from any and all actions, causes of action, claims, demands, liabilities, losses, judgments, damages, expenses, or charges of any kind including interest, reasonable attorney's fees and expenses, and other costs, expenses, and charges, arising out of: (1) your breach of any provision, warranty, or representation in this Agreement; and (2) your failure to comply with any applicable federal, state, or local law, rule, regulation, standard, code, ordinance, or order.

14. DISCLAIMER OF WARRANTIES. IN ORDER TO PROVIDE YOU WITH THE SERVICES, PrivateJournals.com IS UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES THAT YOU MAY OBTAIN AT THE WEB SITE OR WITH RESPECT TO THE SERVICES. PrivateJournals.com HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE WEB SITE AND SERVICES ARE MADE AVAILABLE TO YOU "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT AT THE WEB SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, PrivateJournals.com MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THE WEB SITE OR SERVICES WILL BE SECURE, CONTINUOUSLY ACCESSIBLE, OR ERROR-FREE. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 16 AND OTHER TERMS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

15. LIMITATION OF LIABILITY. IN ORDER TO PROVIDE YOU WITH THE SERVICES, PrivateJournals.com IS UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS, OR OMISSIONS OCCURRING AT THE WEB SITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL PrivateJournals.com BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED PrivateJournals.com ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.

16. Miscellaneous. This Agreement constitutes the entire agreement between you and PrivateJournals.com with respect to the subject matter hereof, and supersedes all previous written or oral agreements between you and PrivateJournals.com with respect to such subject matter. The validity, interpretation, and performance of this Agreement will be controlled and construed under the laws of the State of California, without reference to conflict of laws principles. Exclusive venue in any action in law or equity arising from the terms of this Agreement shall be the court of appropriate jurisdiction in San Francisco, California. You and PrivateJournals.com hereby waive any rights to any other venue.

TO GAIN ACCESS TO THIS SITE AND THE SERVICES, YOU MANIFEST YOUR ASSENT TO THE TERMS OF THIS AGREEMENT. BY SIGNIFYING YOUR ASSENT YOU AGREE TO BE BOUND BY THE TERM OF THIS AGREEMENT TO THE SAMES EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT