Terms and Conditions

Acceptance of the Terms & Conditions

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.

By using the Website or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy policy incorporated herein by reference. If you do not want to agree to these Terms & Conditions or the Privacy policy, you must not access or use the Website.

Accessing the Website

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.

To access the Deardiary online assets or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Deardiary online assets that all the information you provide on the Deardiary online assets is correct, current and complete. You agree that all information you provide to register or otherwise, including but not limited to through the use of any interactive features, is governed by our Privacy policy, and you consent to all actions we take with respect to your information consistent with our privacy policy.

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.

Changes to the Terms & Conditions and the Deardiary online assets

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.

Intellectual Property Rights

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:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • As we may otherwise agree in a writing.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

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: dear.diary@boredpanda.com

Prohibited Uses

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:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material, which does not comply with the standards set forth below in the section, entitled Content Standards.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or any users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Deardiary online assets in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Deardiary online assets, including their ability to engage in real time activities through the Deardiary online assets.
  • Use any robot, spider or other automatic device, process or means to access Deardiary online assets for any purpose, including monitoring or copying any of the material on the Deardiary online assets.
  • Use any manual process to monitor or copy any of the material on Deardiary online assets or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Deardiary online assets.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Deardiary online assets, the servers on which the Deardiary online assets is stored, or any server, computer or database connected to the Deardiary online assets.
  • Attack the Deardiary online assets via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Deardiary online assets.

Termination

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.

Story Materials Submission; No Contest or Sweepstakes

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.

Content Standards of Story Materials

These Content Standards apply to any and all story materials you elect to submit to us. Your story materials must not:

  • Contain any material, which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • 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.
  • Be likely to deceive any person.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Reporting Claims of Copyright Infringement

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:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

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.

Reliance on Information Posted

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.

Limitation on Liability

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.

Waiver and Severability

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.

Entire Agreement

The Terms & Conditions and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website, unless we enter into a separate written agreement signed by both parties.

Governing Law and Jurisdiction

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.

Your Notices, Comments and Concerns

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: dear.diary@boredpanda.com.

The Deardiary online assets are operated by:

UAB "Pandos", Didlaukio g. 80-96, Vilnius, LT-10312 Lithuania.

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