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Terms of use

1. Subject matter

These terms of use define the conditions under which mydeardiary may be used. mydeardiary is a web-based journaling application that allows the user to create a user account and write journal entries. In case of non-compliance with the terms of use or misuse of the application, mydeardiary reserves the right to block the user and, if necessary, delete his/her account. mydeardiary reserves the right to make adjustments to the terms of use at any time. mydeardiary will inform the user about the new version of the terms of use. By continuing to use his/her account, the user agrees to the new terms of use.

2. User account

In order to be able to use mydeardiary, the user requires access data (an email address, an optional login alias and a password). The user must notify mydeardiary immediately if there are any signs of misuse of his user account by third parties. mydeardiary will never ask for the user’s password. The user declares that s/he shall be responsible for consequences resulting from any kind of misuse or damage if he, intentionally or unintentionally, knowingly or unknowingly, enables third parties to use his user account by means of his password. Users shall generally be held liable for all activities performed under their user account. User content submitted to mydeardiary is encrypted with a special security mechanism and access is only possible with the user password. In case of loss of the password, mydeardiary cannot restore the encrypted content of the user. The user shall bear the sole responsibility for the password. mydeardiary assumes no responsibility or liability whatsoever for any data loss resulting from the loss of a password. For more information on the security mechanisms of mydeardiary, go to Security.

3. Hacking

Users shall not take any actions which may impose an unreasonable or disproportionately large load on the infrastructure of mydeardiary, or overwrite, block or modify contents generated by mydeardiary, or interfere with the mydeardiary application in any other way. Furthermore, electronic attacks of any kind on mydeardiary such as hacking, viruses or Trojans are strictly forbidden.

4. Availability of the application

Uninterrupted use or availability of mydeardiary cannot be guaranteed. In particular, maintenance work, security or capacity issues beyond the control of mydeardiary can cause temporary non-availability of the services. mydeardiary shall, however, make every effort to ensure constant availability of the application to the extent possible. To be able to make full use of the services offered by mydeardiary, the user must use up-to-date (browser) technologies. If older or not commonly used technologies are used, the user might only be able to make limited use of the services provided by mydeardiary. Please refer to the FAQs for browser-specific limitations.

5. Costs

The use of the mydeardiary application is currently free of charge. mydeardiary reserves the right, however, to introduce additional paid services in the future. Limitation on liability mydeardiary is not liable for any data loss or damage that results from the use of this application. Likewise, no liability is assumed for damages resulting from unauthorised access. mydeardiary further assumes no liability for user-generated content or the actual identity of a user. mydeardiary will be liable for damages caused by wilful intent or gross negligence.

6. Protection of data privacy

All details on the processing of user data are specified in the Privacy Policy of mydeardiary.

7. Data security

Despite regular data backups, mydeardiary cannot rule out the possibility of data loss – in particular due to force majeure or unlawful activities of third parties. mydeardiary will therefore not be liable for any loss of data.

8. Cancellation and deletion of the user account

Should a user no longer wish to use mydeardiary, he may terminate the user agreement any time without cause by de-registering under “Settings”. Alternatively, the user may cancel the account by sending an email to info@mydeardiary.com. mydeardiary reserves the right to delete a user’s account with prior notice if it hasn’t been used for 12 consecutive months.

9. Final provisions

If an individual provision of this agreement is or becomes completely or partially invalid, the validity of the other provisions shall remain unaffected. Place of jurisdiction is the domicile of the provider