These Terms & Conditions are entered into by and between you and UAB "Pandos" (" we," "us" and "our") The Terms & Conditions govern your access to and use of the https://www.deardiary.video/ website ("Website"), and any other online services and software made available by us for use on mobile devices, tablets, personal computers and other devices ("Deardiary online assets"), whether as a guest or a registered user.
We reserve the right to withdraw or amend the Deardiary online assets, and any service or material we provide on the Deardiary online assets, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Deardiary online assets, or the entire Deardiary online assets, to users, including registered users.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
From time to time, we may revise and update these Terms & Conditions in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Deardiary online assets thereafter.
We may also update the content on the Deardiary online assets, however, its content is not necessarily complete or up-to-date. Any of the material on the Deardiary online assets may be out of date at any given time, and we are under no obligation to update such material.
Your continued use of the Deardiary online assets following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
As between you and us, the Deardiary online assets and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us (including our licensors) and are protected by Lithuanian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
According to these Terms & Conditions, you are permitted to use the Deardiary online assets for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
You are not allowed to access or use for any commercial purposes any part of the Deardiary online assets or any services or materials available through the Deardiary online assets.
If you wish to make any use of material on the Deardiary online assets other than that set out herein, you should address your request to: email@example.com
You may use the Deardiary online assets only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Deardiary online assets:
Additionally, you agree not to:
We have the right to terminate or suspend your access to all or part of the Deardiary online assets for any or no reason, including without limitation, any violation of these Terms & Conditions.
Without limiting the foregoing, we have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
You waive and hold harmless us and our licensors, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by any such parties or law enforcement authorities.
This Website provides you the opportunity to submit story materials for us to evaluate whether we are willing to animate your story. We require no consideration from you in order for us to evaluate your story materials; and likewise we have no obligation to do so or to respond if you do. Your submission does not constitute an entry into a contest or sweepstakes; there are no prizes and any consideration will be subject to a later negotiation between you or your parent or legal guardian or us. You understand that you must register in connection with your submission of story materials. This is necessary, because we may (where applicable) seek consent from your parent or legal guardian to use such story materials, or communicate with you regarding such story materials if you are legally permitted to consent to any use of such story materials if we were to animate your story. You understand that we have no obligation to animate any story materials you submit. Thus, you grant us the limited right to listen to your story materials for the purpose of considering whether we wish to animate your story, and if so we will use your registration information solely for the purpose of contacting you to seek consents associated with any further use of your story. If we are willing to consider animating your story, you or your parent or legal guardian will need to execute a release and license pursuant to which we will have broad rights to use your story within the context of our animation, which you or they may do or not do in your or their discretion. While your submission does not require you to agree to such a release or consent in advance, you understand that we will be unwilling to animate your story materials without such a release and license agreement.
These Content Standards apply to any and all story materials you elect to submit to us. Your story materials must not:
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to us. Your written notice must include substantially the following:
If you fail to comply with all of the abovementioned requirements, your written notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under applicable law.
The Deardiary online assets includes content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
In no event will we or our licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Deardiary online assets, any websites linked to it, any content on the Deardiary online assets or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
No waiver of by us of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Moreover, any failure of us to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & Conditions is held by a court or other tribunal 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 & Conditions will continue in full force and effect.
All matters relating to the Website and these Terms & Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Lithuania.
Any legal suit, action or proceeding arising out of, or related to, these Terms & Conditions or the Website shall be instituted exclusively in the courts of the Republic of Lithuania, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms & Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
All notices of copyright infringement claims, other feedback, comments, requests for technical support and other communications relating to the Deardiary online assets should be directed to: firstname.lastname@example.org.
The Deardiary online assets are operated by:
UAB "Pandos", Didlaukio g. 80-96, Vilnius, LT-10312 Lithuania.