These Terms of Service are effective as of January 2010
These Terms of Service ("Terms") govern your access to and use of the services and the Nooky Diary website (the "Service"), and any information, text, graphics, invitations, communications, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
You are responsible for your use of the Service, for any content you post to the Service, and for any consequences thereof. The Content you submit, post, or display will not be able to be viewed by other users of the Service.
You may use the Service only if you can form a binding contract with Nooky Diary and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Site is not directed to persons under 18. If you are under 18, please do not attempt to register for Nooky Diary or send any information about yourself to us, including your name, address, telephone number, or email address.
The Service that Nooky Diary provides are always evolving and the features that Nooky Diary provides may change from time to time without prior notice to you. In addition, Nooky Diary may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Nooky Diary on the Service are subject to change. In consideration for Nooky Diary granting you access to and use of the Service, you agree that xxxxx Nooky Diary its third party advertisers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
Any information that you provide to Nooky Diary is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States for storage, processing and use by xxxxx. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your Nooky Diary account, which you may not be able to opt-out from receiving.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Nooky Diary cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We do not regularly monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk.
ANY ENCOUNTER YOU MAY HAVE WITH ANOTHER PERSON OR PERSONS AS A RESULT OF USING THE SERVICE IS AT YOUR OWN RISK. NO LIABILITY OR RESPONSIBILITY IS ASSUMED BY NOOKY DIARY, FOUNDERS, OWNERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, ASSIGNS, HEIRS, PARTNERS AND LICENSORS FOR ANY UNINTENDED CONSEQUENCES, OFFENSIVE OR LIBELOUS CONDUCT, ILLEGAL ACTIVITY, OR PERSONAL HARM INFLICTED BY OTHERS AS RESULT OF USING THE SERVICE. IN-PERSON MEETINGS WITH PREVIOUSLY UNKNOWN PERSONS FROM THE INTERNET MAY PRESENT SIGNIFICANT RISKS, INCLUDING THE RISK OF PERSONAL HARM OR DEATH. USERS SHOULD TAKE ALL REASONABLE PRECAUTIONS WHEN MEETING PEOPLE FROM THER SERVICE, INCLUDING BUT NOT LIMITED TO: MEETING IN GROUPS OF FRIENDS, MEETING IN A FAMILIAR AND PUBLIC LOCATION, NOTIFYING OTHERS OF THEIR WHERABOUTS, AND BEING ALERT TO SUSPICIOUS BEHAVIOR OR REQUESTS.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Nooky Diary be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Service. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Nooky Diary to make such Content available to other companies, organizations or individuals who partner with Nooky Diary for the syndication, broadcast, distribution or publication of such Content on other media, services, and social networking websites, subject to our terms and conditions for such Content use.
Such additional uses by Nooky Diary, or other companies, organizations or individuals who partner with Nooky Diary, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including your conduct and activities (whether it be online or in-person) with others that you meet as a result of using the Service. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Nooky Diary will not be responsible or liable for any use of your Content by Nooky Diary in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Nooky Diary and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Nothing in the Terms gives you a right to use the Nooky Diary name or any of the Nooky Diary, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Nooky Diary, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or accounts. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Nooky Diary, its users and the public.
You may not do any of the following rights while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, Nooky Diary's computer systems, or the technical delivery systems of Nooky Diary's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are authorized by Nooky Diary (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Nooky Diary; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, participating in a denial-of-service attack, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
Nooky Diary respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Nooky Diary will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is copyright@nookydiary.com
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Nooky Diary AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Nooky Diary will not be responsible or liable for any harm to your computer system, loss of data, libel, physical harm, or other harm that results from your access to or use of the Service, or any Content. You also agree that Nooky Diary has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from xxxxx or through the Service, will create any warranty not expressly made herein.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Nooky Diary of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOOKY DIARY, ITS FOUNDERS, OWNERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, ASSIGNS, HEIRS, PARTNERS AND LICENSORS WILL NOT BE LIABLE (PERSONALLY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, MALICIOUS, ILLEGAL OR CRIMINAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NOOKY DIARY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
ANY ENCOUNTER YOU MAY HAVE WITH ANOTHER PERSON OR PERSONS AS A RESULT OF USING THE SERVICE IS AT YOUR OWN RISK. NO LIABILITY OR RESPONSIBILITY IS ASSUMED BY NOOKY DIARY, FOUNDERS, OWNERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, ASSIGNS, HEIRS, PARTNERS AND LICENSORS FOR ANY UNINTENDED CONSEQUENCES, OFFENSIVE OR LIBELOUS CONDUCT, ILLEGAL ACTIVITY, OR PERSONAL HARM INFLICTED BY OTHERS AS RESULT OF USING THE SERVICE. IN-PERSON MEETINGS WITH PREVIOUSLY UNKNOWN PERSONS FROM THE INTERNET MAY PRESENT SIGNIFICANT RISKS, INCLUDING THE RISK OF PERSONAL HARM OR DEATH. USERS SHOULD TAKE ALL REASONABLE PRECAUTIONS WHEN MEETING PEOPLE FROM THER SERVICE, INCLUDING BUT NOT LIMITED TO: MEETING IN GROUPS OF FRIENDS, MEETING IN A FAMILIAR AND PUBLIC LOCATION, NOTIFYING OTHERS OF THEIR WHERABOUTS, AND BEING ALERT TO SUSPICIOUS BEHAVIOR OR REQUESTS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The failure of Nooky Diary to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Queensland without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Brisbane, Queensland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of an Australian federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of Australia (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Queensland (excluding choice of law).
These Terms, and our Privacy Policy are the entire and exclusive agreement between Nooky Diary and you regarding the Service (excluding any services for which you have a separate agreement with Nooky Diary that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Nooky Diary and you regarding the Service.
We may revise these Terms from time to time, the most current version will always be at nookydiary.com/terms. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
This Service is operated and provided by Nooky Diary