Terms of Service

Terms of Service of eDiary

1. Acceptance of the Terms of Service

Welcome to eDiary! (a.k.a. "we" or "us"). We are excited to have you as user. The following terms and conditions (collectively, these "Terms of Service") apply to your use of the eDiary mobile application (the "App"), including any content, functionality and services offered on or via ediary.it (the "Website"). Collectively, the App and the Website will be referred to as the "Service". The Terms of Service also include our Privacy Policy, that you can review here: http://ediary.it/legal/pp.html

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using eDiary, because by using the Service you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either not use the Service (although we'll be sad to see you go!), or contact us at it.dreamerspillow@gmail.com. We'll be happy to hear your comments and suggestions.

2. Changes to the Terms of Service and the Service

We reserve the right to update the Service and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Of course, this document is public, and you will be able to read it at any time on the Website. Your continued use of the Service following the publishing of updated Terms of Service means that you accept and agree to the changes.

3. Accessing the Service, Security and Privacy

We are working hard on improving our Service, but we can't guarantee that the Service will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period, nor for any data loss (see also section 7 below). To access the Service you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using the Service in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. When logging in with your Facebook account, we will also receive and store the following information from Facebook, Inc. ("Facebook"): your name, unique Facebook ID and email address. We reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service. We use SSL encrypted communication for all users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Service or any content provided on the Service is error free. We manage your personal data according to our Privacy Policy.

4. User Contributions and Content Standards. Special Disclaimer for legal content.

eDiary contains user generated content, and also may contain interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Service. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
Not be likely to deceive any person.
Not promote any illegal activity, or advocate, promote or assist any unlawful act.
Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
Not involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter oradvertising.
Not give the impression that they emanate from us or any other person or entity, if this is not the case.
Not used, if public, as test empty documents with no actual content, or typing exercises: please respect our community and help us minimize the clutter!

User Content is not intended to be legal advice nor form an attorney-client relationship, nor among the users, nor between the users and eDiary. Use of the Service should never be understood to be replacing use of a qualified attorney, and eDiary's relationship to all documents and transactions completed using the Website is that of a trusted, disinterested third party.

5. Law and Copyright Infringment

We do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order.

If you believe that any User Content violate your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

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 at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material 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 us to locate the material.
Information reasonably sufficient for us to contact you, such as email, address, telephone number.
A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be addressed to it.dreamerspillow@gmail.com.

6. Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of eDiary is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

7. Geographic Restrictions

For now, we provide this Service for use only by persons located in Italy. We make no claims that the Service or any of its content is accessible, appropriate or legal outside Italy. If you access the Website from outside Italy you do so on your own initiative and are responsible for compliance with local laws.

8. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Italy without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in Italy.

9. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and eDiary and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

10. Feedback

We welcome any comment, question and communication at it.dreamerspillow@gmail.com

Last update: October 2, 2016