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The Diary of Mankind is operated by the Diary of Mankind Limited. Diary of Mankind Limited will preserve content posted on the Web site by Full Members, for the benefit of such persons and their descendents. The Terms and Conditions and the Privacy Policy are legal binding contracts between You and the Diary of Mankind. By using the Diary of Mankind web site, You acknowledge that You have read, understood, and agree to be bound by the Terms and Conditions and the Privacy Policy.
   
1. Definitions
In the Terms and Conditions, terms have the following meanings:
1. "Registered User" means a user who registers with the Web site - this includes both Trial and Full Members.
2. "You" means either (i) a User of the Web site (whether or not a Registered User) not being a Minor, or (ii) a parent, guardian or educational supervisor that has allowed a Minor to visit or use the Web sites. In case (ii) You will be held legally responsible for the acts of the Minor.
3. "Minor" means any person under the age of 13, (Minors must seek the permission of their parent, guardian or educational supervisor to use the Web site).
4. "Web site" means the Diary of Mankind web site available at the URL www.diaryofmankind.com , or www.diaryofmankind.co.uk and all associated web sites operated by Diary of Mankind Ltd
2. User Licence
1. You are licensed to access and use the Web site solely for personal purposes in accordance with the terms set out in the Terms an Conditions.
2. Use for commercial purposes and any re-publication of the Web site or content on the Web site is strictly prohibited, and You agree that the consequence of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
3. Software may be made available in connection with the Web site, which You may be permitted to access or download. You may only download, copy, reuse or distribute software provided by the Web site where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.
3. Web site content
1. It is our intention to make the Diary of Mankind available in perpetuity through the Web site or otherwise, and the Diary of Mankind Ltd shall take reasonable measures to protect and preserve the content submitted by You.
2. All intellectual property rights in and relating to the Web site and the content displayed on the Web site (other than contributions of Users) are owned by the Diary of Mankind Ltd.  
3. You warrant that You own all material You post to the Web site or elsewhere or have the right to post such material and the right to grant the Diary of Mankind Ltd the license set out in the Terms and Conditions. In particular, all personal information about others that You post must be done with the full consent of those others, or must otherwise be lawful.
4. You grant the Diary of Mankind Ltd a non-exclusive perpetual royalty-free license in their absolute discretion to host, distribute, edit or remove any part of the material posted to the Web sites.
5. You are solely responsible for all content that You post to the Web site. The Diary of Mankind Ltd may in their absolute discretion remove, any content that they believe to be harmful.
6. You must not upload, post or otherwise transmit to the Web site any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or do any other act which causes or contributes to the same.
7. Upon submission of content to the Web site by You, the text may be automatically screened using dictionary software for detecting indecent or offensive words.
8. Any content submitted by You that is deemed to be in breach of the Terms and Conditions will result in the content being removed, even if You have paid to use the services provided through the Web site.
9. Activity that is brought to our attention, which appears in our sole judgment to violate the law, may be brought to the attention of the proper authorities.
4. Communications with Users
1. The Diary of Mankind may send You communications, such as service announcements, administrative messages and a Newsletter. It is a condition of becoming and remaining a Registered User that You agree to receive these communications.
2. The Diary of Mankind may, through the Newsletter, provide marketing opportunities to its partners. The limitations on liability set out in the Terms of Use apply to the fullest extent in relation to all material contained in the Diary of Mankind's Newsletter. The Diary of Mankind makes no representation or warranty express or implied concerning any goods or services offered or provided by any third party and You agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from the Diary of Mankind.
5. No Warranty; Liability and Indemnity
1. The Diary of Mankind provides all content in the Web site "AS IS" and without any warranty of any nature whatsoever, nor (without prejudice to the comprehensive nature of the foregoing) does the Diary of Mankind make any representations concerning the suitability, reliability or accuracy for any purpose of the Web site, or the contents of the Web site.
2. Neither the Diary of Mankind, nor Diary of Mankind Ltd shall be liable in contract, tort (including negligence), or otherwise, for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts or loss of or damage to data, or for pure economic loss, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties. In addition, neither the Diary of Mankind, nor Diary of Mankind Ltd can be held liable for any content that is posted by Users to the Web site. You acknowledge and agree that it would not be possible for all such content to be perfectly screened, and You agree to take the risk that content may be posted which violates your rights or contains errors or inaccuracies, without any recourse against the Foundation or the Trust.
3. You will indemnify the Diary of Mankind and Diary of Mankind Ltd from and against any damage, whether direct, indirect or consequential, loss of data, restriction or loss of access or technical errors resulting from your actions (including resulting from the content posted by You or otherwise on the Web site).
4. Any material obtained through the use of the Web site is obtained at your own risk, and You are solely responsible for any damage to or the destruction of your computer system or loss of data or any other damage whatsoever that results from the download of any such material in its original form or as a result of any virus infection.
5. Nothing in the Terms of Use limits the Diary of Mankind or Diary of Mankind Ltd's liability for anything which may not be limited under the law applicable to the Terms and Conditions of Use. Any statutory rights You may have under consumer protection legislation remain unaffected.
6. In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. The Diary of Mankind provide a comprehensive service at a minimal cost and, having considered all matters, You agree that the limitations of liability set out in the Terms of Use are fair and reasonable.
7. If You are dissatisfied with the Web site, or do not agree to any of the terms of the Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Web site.
6. Minors
1. The consent of a parent, guardian or educational supervisor shall be required before any Minor can use the Web site. Use of any part of the Web site is confirmation that the person is an adult or is a Minor who has received permission from a parent, guardian or educational supervisor to use the Web sites.
2. The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.
3. Neither Diary of Mankind, nor Diary of Mankind Ltd can be held responsible for misuse of a Registered User's invitations; nor shall they be held liable in the event that a Minor falsely claims to be 13 or over.
7. Registration and Security
1. As part of the registration process, You will select a password. You must provide the Diary of Mankind with accurate, complete, and updated personal registration information. You must not use a web address that the Diary of Mankind, in its sole discretion, deems offensive or otherwise inappropriate.
2. You shall notify the Diary of Mankind immediately of any known or suspected unauthorized use(s) of your web site, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password. You acknowledge and agree that under no circumstances can the Diary of Mankind or Diary of Mankind Ltd be held liable for any acts or omissions by a Registered or other User of the Web site.
8. Site and Membership Fees
1.

Subject to the terms of the Terms and Conditions, the "Diaries" created by Registered Users via the Web site are available to be viewed online at no charge by other members of  the site.
2.

When you register to create a "diary", you will be asked to pay a one off membership fee of £9.99. Membership of this website will be offered free of charge for a trial period.

9. Termination
1. The Diary of Mankind shall have the right to edit or delete your content and/or terminate the Terms of Use and/or your access to the Web site, at any time without notice in their absolute discretion. Without limitation to the generality of the foregoing, the Diary of Mankind shall have the right to edit or delete your content and/or terminate the Terms and Conditions of Use, and/or your access to the Web site, at any time without notice in the event that:
1. You breach any term of the Terms and Conditions;
2. Technical or other issues mean that it is no longer practicable for the Diary of Mankind Ltd to continue to operate the Web site in whole or part.
3. The Terms and Conditions shall automatically terminate in the event that You unsubscribe from the services provided via the Web site or from the communications sent to you from the Diary of Mankind, or Diary of Mankind Ltd.
4. A Registered User may at any time ask the Diary of Mankind to delete without charge a site created by that User.
5. Upon termination of the Terms and Conditions or access to the Web site (for whatever reason), there shall be no refund of money paid by the Diary of Mankind, or Diary of Mankind Ltd.
6. constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;
7. is defamatory of a real or legal person, or of goods or services;
8. violates a person's privacy or other rights relating to personal information;
9. depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;
10. is blasphemous or incites religious hatred;
11. impersonates or falsely attributes material to any person or entity;
12. discloses confidential or proprietary information of another person;
13. is discriminatory in any way, including by way of sex, race or age discrimination;
14. might infringe another person's copyright, trade or service mark, patent, or other intellectual property right;
15. creates a risk to safety or health, or compromises national security or official secrets;
16. the Foundation or the Trust deems to be, offensive, immoral or illegal;
17. is otherwise malicious, fraudulent, or may result in the reputation of the Web site or the Diary of Mankind being damaged;
18. is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to the Diary of Mankind;
19. otherwise violates the Terms and Conditions of Use.
10. General
1. The Terms and Conditions of Use, which incorporate our Privacy Policy, constitute the whole of the legal contract between You, the Diary of Mankind, and the Diary of Mankind Ltd.
2. Subject to mandatory national law to the contrary, the Terms of Use shall be governed by and construed in accordance with English law.
3. The parties do not intend the Terms of Use to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
4. In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.
5. The Diary of Mankind/Diary of Mankind Ltd reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. You may not without the written consent of the Diary of Mankind/Diary of Mankind Ltd assign, license or subcontract this agreement or any of your rights or obligations under it.
6. The Diary of Mankind/Diary of Mankind Ltd reserve the right to update and change the Terms and Conditions of use from time to time without notice or acceptance by You. If any portion of this agreement or any change of this agreement of the Web site is unacceptable to You or will cause You to no longer be in compliance with the agreement, You may discontinue use of the Web site at any time. Continued use of the Web site now or following changes in this agreement implies that You have read, accepted and are bound by the changes.
7. The Diary of Mankind/Diary of Mankind Ltd shall not file a specific copy of the Terms of Use with You.
8. The Terms of Use are only available in English.
   
Privacy Policy
This privacy policy sets out the type of personal information that we - the Diary of Mankind - collect, what we use it for and the rights that you have in relation to this information. By using this web site, you accept the terms of this privacy policy.
   
1. Collection of Personal Information
We shall collect personal information from you in a number of circumstances, including when you register your personal details, when you use our services, or when you enter any promotions over the Diary of Mankind Web site/ www.diairyofmankind.com or www.diaryofmankind.co.uk. For example, when you register your personal details to create a "Diary", we ask for your name and email address as a minimum requirement. If you choose to purchase any service we will also ask for your credit or bank card details. Once you register and sign into our web site, you are not anonymous to us.
2. Use of Personal Information
1. We will never sell, exchange or divulge your personal information (including your e-mail address) to any third party without your consent, unless we believe that the release of this information is appropriate in order to comply with the law, or to enforce our Terms and Conditions of Use, or to protect our rights, property or safety, our customers, or other third parties. However, when you purchase services through the web site and enter payment information, this information may be transferred to the processing company for transaction authorization and authentication purposes.
2. We will use your personal information for the purpose of providing the services offered over the Diary of Mankind web site. We may collect information about your historical activity with us and your use of the web site. For example, we may record information on our servers from your browser, including your IP address, cookie information, and the pages you visit.
3. We may send you information about services and features available on our web site or advice on how to use the various tools the site has to offer. We may also send you a newsletter providing this information and services offered by our partners.
3.Updating Personal Information
It is your responsibility to ensure that we have your correct contact information. This will enable us to provide you with the best service and web site possible.
4. Removal of Personal Information
If would like us to remove all the personal information we have about you from our records, please contact us via the details provided on the "Contact" page. Please note that we require certain key information from you in order to provide you with our services, and if you ask us to remove all or part such information, you may no longer be able to use or access the web site or parts of it.
5. Minors
The consent of a parent, guardian or educational supervisor shall be required before any child under the age of 16 can register their personal details. The parent, guardian or educational supervisor will accept full responsibility for our use of this information, in accordance with this policy.
6. Security
We will take reasonable precautions to ensure that all the personal information that you have submitted via the web site remains confidential. As required by the Data Protection Act 1998, we have strict security procedures regarding the storage and disclosure of personal information.
7. Transfer of Data
In order to provide you with certain services and/or products we may need to transfer your personal information outside the European Economic Area, including to the USA, where data protection laws are not comparable to those within the EEA. By submitting your personal information to us you consent to such a transfer.
8. Terms of Use, Privacy Policy and Revisions
This policy forms part of our Terms and Conditions of Use which govern your use of this web site, (and which may be changed or updated from time to time without notice). By using this web site, you are deemed to accept the Terms and conditions of Use and the terms and conditions of this policy. Our use of your personal information is subject to the terms and conditions of our policy in force at the time when we use the information in question.
 
Copyright Diary of Mankind 2005. Terms and Conditions.