Terms of Service
Date of last revision: February 10, 2017
Journalate is a web-based service (the “Service”) provided by The Calico Media Group LLC. (hereafter “Journalate“, “we”, “our”, “us”) that allows its users to create, edit & maintain an online journal or private diary. Once a user has registered with Journalate, the user receives access to a private journal where the user can create a private profile and save text, images and video in the form of various entries to such journal space.
The Service is provided to the user under the following covenants:
These Terms of Service are construed under the laws of the United States of America and Ohio. Both parties agree that these Terms of Service constitute the entire agreement between the parties.
AVAILABILITY OF SERVICE
Planned or unplanned maintenance may occur on the site at any time. In the case of planned maintenance, we will give all our users 3 day’s notice via their primary contact e-mail as well as post notice on our homepage. In the case of unplanned maintenance, we will post notice to our Facebook Page and Help Desk within a reasonable time period as to the cause and resolution of the unplanned maintenance. We DO NOT guarantee 100% uptime.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
User agrees that use of Journalate is at the user’s sole risk. Journalate DOES NOT warrant that the use of will be uninterrupted or error free, nor does Journalate make any warranty as to the accuracy or reliability of results obtained through use of Journalate.
User is solely responsible for adequate protection and backing up data. Possible causes of lost data are, without limitation, password loss, hardware failure, communication failure, and acts of God. In the case of lost password, the user should contact us if the user has irrevocably lost their password. The user assumes all responsibility for backing up their data.
USE OF SERVICE AND DOCUMENTATION
Although we make every effort to ensure the accuracy of our Service, Journalate’s services are provided “as is”. Journalate is provided without warranty and without any guarantee.
User shall provide current, complete, accurate information upon registration. User shall further update and keep such information current as needed in the “Settings” section. User is solely responsible for maintaining the confidentiality of user’s password and account information. User shall immediately notify Journalate of any unauthorized account activity, or any unauthorized use of user’s email list(s) or any other breach of security known to the user.
RESTRICTIONS ON USE
You may only use Journalate for lawful purposes. In addition, Journalate users may not:
* violate or infringe in any way the rights of others
* violate US or Ohio laws
* violate other’s copyright
* reverse engineer Journalate
* impersonate a Journalate administrator
* send unsolicited e-mail
* be abusive, offensive, or in any way hurtful to other Journalate members in forums or member feedback
TERMINATION OF ACCOUNT
If a user is found to be in violation of this Terms of Service, Journalate, at its sole discretion, may revoke the user’s account. Notice will be given to the account’s primary e-mail address. The user is responsible for providing a working and current primary e-mail address. The user has one week to appeal the account revocation. If no appeal is filed within one week Journalate may, at its sole discretion, delete the user’s data and the user.
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.
Journalate, Journalate.com and all page headers, custom graphics, and button icons are service marks, trademarks of Journalate. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
You agree to defend, indemnify, and hold harmless Journalate and its affiliates and their respective directors, officers, employees, agents, from and against any and all damages, claims, actions, demands, suits, costs, liabilities, losses, and expenses (including reasonable attorney fees and disbursements and court costs) arising out of your use of Journalate or from breach of this Terms of Service agreement, or your violation of any law or the rights of a third party.
The Terms of Service and the relationship between the user and Journalate shall be treated as if entered into and executed in the State of Ohio and shall be governed and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles. User agrees to submit to personal and exclusive jurisdiction and venue of the courts in the county of Summit, Ohio, USA. The failure of Journalate to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such a right or provision. Journalate makes no representation that the materials and content on the Journalate site or related services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Journalate Web site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Journalate is offered as a free Service. Users may upgrade to a Premium account by paying an annual membership fee. No refunds of subscription fees will be given on any memberships paid.
Journalate Premium accounts can be manually renewed at any from the User’s Settings Page. Upon expiration of a Journalate Premium account, you will have the option to either pay the Fee to renew your Journalate Premium account, or downgrade to a free account. If you elect to downgrade to a free account, any entry formatting, tags, customizations, and any other Premium related enhancements to your content will no longer be available. Entry text will remain intact in the Free account, however, but all Premium functionality will be lost. Journalate shall have no liability to you or any third party in connection with your account renewal, including but not limited to, any failure or errors in renewing your account.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to the Agreement on the Site and will indicate at the top of this page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revisions, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes made and to review such changes.