Terms of Service

DearDiary.com understands that your privacy is important and recognizes the importance of respecting customer privacy over the Internet.

Within our main site www.DearDiary.com and other sites that we operate ("Sites") DearDiary.com may collect information that can personally identify you ("Personal Information"). By using this site you accept the terms and conditions under which we provide this site and agree to abide by the siteā€™s rules and regulations at all times.

In this Privacy Statement, we explain the circumstances in which we may collect Personal Information and how we may use it.

Identifying Information

In general, you can visit our main site without identifying or providing information about yourself. However, DearDiary.com may receive Personal Information from you, if you wish to do any of the following things:

- Post your thoughts
- Post Comments
- Upload images and files
- Calendar entries
- Budget details
- Read thoughts/comments
- Request DearDiary.com technical support
- Make Private Entries

You may wish to mark any or all of the above as either ā€œprivateā€ (only you can see it) or indicate that others may see it.

What Personal Information Will We Collect?

In these instances, DearDiary.com may obtain the following Personal Information:

- Name
- Age
- Address
- E-mail address
- Phone number

Additional Information

DearDiary.com may request additional information for our marketing and research purposes, which may include (without limitation)

- How you found out about the Site
- Navigational data to monitor Site use and improve Site content
- Diary content
- Details of DearDiary.com areas that you participate in

You are free to ask us to delete your Personal Information from our database at any time, as explained below. You are encouraged to maintain your own personal information in order to keep your information current.

Site Membership

To register as a member of a Site, we may ask you to provide us with additional Personal Information. When you visit the "Members Section" of a Site after registration, your membership name and password will identify you. You will be free to change your Personal Information or to ask for it to be removed from our membership database.

Deardiary.com is intended for use by people who are at least 13 years old and people younger than this will not be permitted to use the site. DearDiary.com operators reserve the right to delete such invalid under-age accounts when discovered.

Use of Personal Information

If you choose to give us Personal Information, DearDiary.com may use it to support our customer relationship with you.

For example, we may post or email to you announcements of DearDiary.com product upgrades, special offers, competitions, promotions and other new products and services from DearDiary.com.

Please note that DearDiary.com will not share, rent, sell or otherwise disclose your Personal Information to any other spam related companies or organizations without due consent from you the member.

However, DearDiary.com may disclose general information about its customers and Site members to third parties such as advertisers and business partners. For example, we might disclose that a certain percent of Site users is in a particular age bracket or is a PC or Macintosh user.

In any event, DearDiary.com will not disclose Personal Information to a third party without first seeking and obtaining your consent, except as explained below.

If you purchase a Product on-line, DearDiary.com does not retain your credit card details on its sites.

When Can We Disclose Information to Third Parties?

We will not disclose Personal Information to third parties without first seeking your consent, unless we are required by law to do so, for example by a government or law enforcement agency. We may also give your address details to third parties (such as couriers, Australia Post or promotions fulfilment houses, to allow them to deliver a prize, product or reward to you.)

Security of Your Personal Information

We will take reasonable steps to keep your Personal Information confidential and to protect it from misuse, unauthorised access, modification or disclosure.

We have implemented and will maintain proper standards of technology and operational security to protect your Personal Information.

Public Forums

Some of DearDiary.com areas may have chat rooms, forums, on-line interactive environments, message boards and or/news groups available to their users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Opting-out and Updating Personal Information

If you wish to remove your Personal Information from our mailing list or Site membership, you may do so at any time by using the "Unsubscribe" link on the relevant Site.

If you wish to update your Personal Information (such as your postal or email address), you may do so by using the 'Change of Details' link on the relevant Site.

Third Party Links

This Site may provide you with links to other Internet sites ("Third Party Sites") that are not operated by DearDiary.com and which have different information privacy and collection practices.

If you choose to link from this Site to a Third Party Site, you acknowledge that DearDiary.com has no responsibility for the privacy of any Personal Information that you may submit to the operator of that site.

Cookies

Cookies are pieces of information that a website transfers to your computer's hard disk for record-keeping purposes. Most Web browsers are set to accept cookies. Deardiary.com makes use of cookies to remember your settings while you are logged in.

Update of This Privacy Statement

From time to time, DearDiary.com may revise this Privacy Statement and we suggest that you should periodically review our current Privacy Statement on this Site.

DearDiary.com will not send you any separate notification of changes to its Privacy Statement or Terms of Service.

Information for under 18s

If you are under 18 and at least 13 years of age, be sure to obtain your parent's or guardian's permission before you send any information about yourself (your name, address, e-mail address, etc.) to us or anyone else over the Internet. We encourage parents and legal guardian to get involved with their children's usage of the Internet, and to be aware of the activities in which they are participating.

Further Provisions

By using this site you agree to these Terms of Service which are governed by and comply with the laws of the State of New South Wales Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of this state finds any part of these Terms of Service to be unenforceable, the remainder of the Terms of Service will continue and remain viable. You are solely responsible for your actions when using Deardiary.com, including, but not limited to, costs incurred for Internet access.

Miscellaneous

From time to time this site may experience outages that may be either planned, unplanned or of an urgent (emergency) nature. Any refund requested by existing members may only be approved by the site operators/administrators and no other party. The decision to refund a members' subscription is at the sole discretion of the site operators/administrators. The site owners will not be liable for any loss incurred during these times and will endeavour to minimise the impact of such events on its members. If a member decides to contest any part of their subscription or site usage they shall only do so in a lawful court in the state of New South Wales, Australia. The site operators/administrators liability to you is only that to which a lawful court in the state of New South Wales Australia. Should any part of this site be considered unlawful you agree to provide reasonable time for the site operators/administrators to modify/reconfigure the part in question should it be deemed unlawful.

Language that is considered racist, sexist, derogatory or defames in any way will not be tolerated in any way on this site. Mutual respect between fellow members is encouraged at all times and it is better to write nothing than risk expulsion from the site by writing offensive material. Offensive comments between diarists will not be tolerated and breaches of any of the said offences may result in immediate removal from the site. The DearDiary.com community exists for the enjoyment of all members and personal attacks will be acted upon immediately and may result in either expulsion or suspension from the site.

You retain all ownership rights to your content. Deardiary.com does not claim ownership of any Content you publish on the site. You are free to use your content on Deardiary.com provided you comply with the stated Terms and Conditions and Privacy.

By using this site (DearDiary.com) you agree to comply with these Terms of Service and Privacy.