Terms and conditions of use

1) Introduction

This website, www.checkthediary.com ("Website", "Check The Diary") is operated by Check The Diary Limited ("us", "we"). These terms and conditions of use ("Terms of Use") govern your use of our Website [and any mobile version of it].

You do not need to register an account with us to view the information on the Website, however, you are required to register an account with us to make full use of the Website Services and fully interact with the Website and other users.

These Terms of Use set out the legally binding terms for your use of the Website and detail your legal rights and remedies, and how you may use our Website. Please read these Terms of Use carefully.

By using the Website you consent to be bound by these Terms of Use, or alternatively, by clicking 'I accept' during the registration process, you accept these Terms of Use in full. If you disagree with any part of these Terms of Use (and any future versions), do not use or access our Website.

2) About this Website

Check The Diary offers users of the Website a content rich online calendar and social networking tool (registration required) including email, and from time to time we may add further applications or features [add description of the website] (the "Website Service").

3) Eligibility to use our Website

You must be over 13 years of age to use this Website or register an account with Check The Diary.  If you are aged between 13 and 17, you must ask for parental permission before registering on the Website.  On registration of your account, you warrant that you are 13 years or older and that you have the capacity to understand, agree to and comply with these Terms of Use.  You also warrant that any information provided to Check The Diary is true and accurate.

4) Account Registration

To fully access and use the Website Services provided on the Website, you must register an account profile with us. The information which you provide in our registration process is subject to the terms and conditions of our Privacy Policy, which is hereby incorporated by this reference into these Terms of Use. It is your responsibility to review our Privacy Policy before you accept to these Terms of Use, and you may view the Privacy Policy by clicking here [insert link].

You warrant that all information you provide to us when registering an account is true and accurate. It is your responsibility to keep your account profile up to date.

We reserve the right to suspend or delete your account at our sole discretion at any time.

5) Intellectual Property Rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website, and we hereby reserve all of our rights in respect of our intellectual property rights.

'Check The DiaryTM' is a trade mark of Check The Diary Limited and we reserve all of our rights in respect of the mark.

6) Licence to use website

By accepting these Terms of Use we are providing this Website to you on an 'as is' basis, and we make no representations to you as to the quality of the Website or the Website Services or to the accessibility of the Website. We may terminate this licence at any time without notifying you and without any liability towards us.

You accept that when using the Website Services, information you upload onto your personal diary maybe visible to other users of the Website. It is your responsibility to ensure that you use the 'private' function on your diary wherever appropriate, if you only wish for your friends or other registered users who are known to you to view your personal diary.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.

You may not:

(a) Republish any code, images or other material from this Website (including republication on another website) which we own or control;

(b) Sell, rent or otherwise sub-license any code, images or other material on the Website which we own or control;

(c) Reproduce, duplicate, copy or otherwise exploit any code, images or other material on our Website for a commercial purpose which we own or control;

(d) Edit or otherwise modify any code, images or other material on the Website, unless authorised by us in writing.

7) Limitations of liability

The information provided by the Website Services is provided free-of-charge to you, and is largely supplied by third parties, including RSS feeds and other methods of syndication and we make no representations as to the accuracy and / or quality of the information provided to you on the Website.

Whilst we reasonably endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.

We are not responsible for any misuse of information uploaded by you onto the Website, including onto your own personal diaries. It is solely your responsibility to ensure that you use the 'private' function on your diary to keep any information you upload private, and only viewable to your friends.

To the maximum extent permitted by all applicable laws we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under all applicable laws. We will not be liable for any direct or indirect loss or damage arising under these Terms of Use or in connection with your use of the Website or the Website Services, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, you accept we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our Website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

However, nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused directly by our negligence.

8) Access to Check The Diary

We reserve the right to restrict access to areas of our Website, or indeed the entire Website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or services, you must ensure that your user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.

9) Your Content licence to us

You hereby grant to us a non-exclusive, world-wide, sub-licensable, royalty free licence to use, modify, display, host and make available to the public any material (e.g. text, photos, images, video, music, messages, postings) which you post or upload into the Website ("Content") in any media format.

You warrant to us that you own all the intellectual property rights in the Content, or that you have obtained permission from the Content owner and all relevant clearances to post or upload the Content onto the Website.

We reserve the right to remove any Content which you post or upload at any time at our sole discretion, and without any liability to you whatsoever.

10) Acceptable Use Policy

You warrant and accept that when using the Website and the Website Services you will not:

a. use the Website or the Website Services in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website (e.g. such as using spyware, spybots, Trojan horses or other similar software on the Website).
b. use the Website or the Website Services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
c. use the Website or the Website Services for any purposes related to marketing without our express written consent.
d. use the Website or the Website Services or any information available on or through the Website or the Website Services to copy, publish or send mass mailings or spam to any of the Website's registered users or for any other commercial use which is not specifically endorsed or approved by us.
e. use the Website or the Website Services to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under any applicable law.
f. publish, upload or send on or via the Website or the Website Services any material or Content which is defamatory, obscene, indecent, of a sexual nature, hateful, discriminatory or inflammatory.
g. publish, upload or send on or via the Website or the Website Services any material or Content which infringes any person's intellectual property rights or rights of confidentiality, or which infringes upon any person's privacy, or constitutes an incitement to commit a crime;
h. post or upload any material or Content on the Website or Website Services which is misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

We reserve the right to edit or remove any material posted or uploaded upon the Website without notice or any liability towards you.

We may take such action as we deem appropriate to deal with the posting of Content that we at our sole discretion deem unsuitable, including suspending or cancelling your account, restricting your access to the Website, or commencing legal proceedings against you.

11) Variations

We may change or add to these Terms of Use from time-to-time for security, legal or our own regulatory reasons and we shall send you an email notification when we do change or add to these Terms of Use.

12) Notice and Take Down Procedure

In the event that you believe that your intellectual property or other rights are being infringed in any way through the Website, please email legal@checkthediary.com, providing a description of the material which you believe is infringing, your own contact details and a statement as to why you believe the material is infringing your rights.

We reserve the right to permanently or temporarily remove any Content on the Website which infringes or potentially infringes a third party's rights.

13) Compensation

You agree to fully compensate us against any losses that we may be caused by your breach of these Terms of Use or arising out of your use of the Website, including for the avoidance of doubt, any costs we incur in any disputes, claims or liabilities.

14) Entire agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.

15) Law and jurisdiction

This notice will be exclusively governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

16) Privacy Policy

Your use of the Website is governed by our Privacy Policy which is incorporated into these Terms of Use by reference. You may view our Privacy Policy at any time by click [insert link].

(17) Disputes between you and us

In the event that there is a dispute between you and us, you agree to submit such disputes to mediation under the Alternative Dispute Resolution Group http://www.adrgroup.co.uk/.

(18) Disputes between members

Whilst we do not monitor any private communications between you and other members of the Website, we reserve the right to when, in our sole discretion, we deem it appropriate. You are solely responsible for your communications with other members.

(19) Registrations and authorisations

We are registered under the Data Protection Act (Registration Number: Z1012665) as a data controller. Our company is a private limited company; our company registration number is 06125362.

(20) Contact

You may contact us in writing by emailing us at legal@checkthediary.com. Our usual place of business is Check The Diary Ltd, Palladium House 1-4 Argyll Street London W1F 7LD.