Terms of Service
and
Acceptable Use Policy
General
This Terms of Service and Acceptable Use document refers to any and all websites located at the following domains: jemdiary.com, jemdiary.net, gemdiary.com, gemdiary.net, thejemnetwork.com. Collectively, these are referred to as ("The Website") for the remainder of this document. Sites that The Website links to purposefully or inadvertently or consumes services from or provides services to may have a different Terms of Service and Acceptable Use Policy. We suggest you read the policies on each of those individual sites before continuing. We are not directly affiliated to any exterior links from The Website so we are unable to answer any questions about their policy.
This agreement governs your use of The Website. Additional terms and conditions of use applicable to specific areas of the Website may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as ("The Agreement") for the remainder of this document.
By continuing to use this website, you agree to the entire Agreement.
Use of Content
You acknowledge that The Website contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of The Website or third parties. For additional clarification, consult the License section of The Website. You agree to be bound by these licenses and agree not to infrige on copyright or trademark rights.
You may post on The Website any content owned by you (such as your original statements), content for which you have received express permission from the owner via license and content in the public domain. You assume all risk and responsibility for determining whether any content is in the public domain. You grant The Website permission to license your work under the Creative Commons Attribution-ShareAlike 2.5 license. In addition to this license, you permit The Website to feature any of your work on any page of The Website. You permit The Website to remove or delete any content on The Website for any reason.
For more information, check the License section of The Website.
We may take advantage of third party services to provide additional services and content to you which may contain any of the information you provided to us. We will not willingly use third party services that will comprimise your security or privacy.
Rules of Conduct
You shall not post on The Website any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) has malicious intent, or (e) otherwise violates any applicable law.
Other items that may fall under the Rules of Conduct guidelines includes any item listed under the counseling service.
The Website reserves the right to remove any content it deems as a violation of these rules of conduct. If The Website does not remove this content, it does not serve as a waiver of this right.
Counseling
Suicide
The Website does not provide crisis consultations or referrals to specific mental health services and service providers. The Website does not provide on-line counseling services.
If you are in crisis and want to speak with someone, please call 1.800.SUICIDE (1.800.784.2433) immediately. Your call will be connected to a certified crisis center closest to your calling location which is staffed twenty four hours a day, seven days a week by highly trained crisis line workers.
Feelings of suicide are not chosen. Suicidal thoughts and feelings usually occur when one's experience of psychological pain exceeds one’s resources for coping with it. Suicidal thoughts, feelings and impulses are most often due to untreated or under treated clinical depression. Fortunately, depression responds very well to treatment and suicide is now preventable. Please take time now to get professional help.
You may also access the Referral Information Evaluation System (RIES) for a listing of crisis centers located near you. www.helpline.net
You can locate additional mental health services in your telephone directory under services provided by your county government, or under individual listings for mental health services, crisis intervention services, suicide prevention services, etc. In addition, you can ask your family physician for a referral to a mental health professional or inquire as to whether your local hospital provides mental health services.
You can end your emotional pain without ending your life. Remember, help is just a phone call away!
No Endorsement
The Website does not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any interactive area by users are the views of the user posting the statement, and do not represent the views of The Website.
The Website may contain links to sites on the Internet which are owned and operated by third parties. You acknowledge that The Website is not responsible for the availability of, or the content located on or through, any external site. You should contact the site administrator or Webmaster for those external sites if you have any concerns regarding such links or the content located on such external sites.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
NEITHER JEMDIARY NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES JEMDIARY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
NEITHER JEMDIARY NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
JEMDIARY RESERVES THE RIGHT TO AND WILL CONTINUE TO SCAN, ALTER, MODIFY, TEST AND APPLY ANY OTHER ANALYSIS TO ANY CONTENT TO REMOVE ANY HARMFUL CONTENT.
NEITHER JEMDIARY, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE FUNCTIONALITY AND SECURITY OF THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF JEMDIARY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Acceptable Use of Resources
The Website reserves the right to limit resources used by any account. At any time The Website may contact you regarding the usage of The Website. The inability to contact you does not waive the right of The Website to limit this access.
Miscellaneous
This Agreement shall be construed in accordance with the laws of the State of Wisconsin, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Portage County, Wisconsin. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.
The Website reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of The Website constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by The Website as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of The Website and contact JEMDiary regarding this action so proper measures can be taken to remove your content at the sole disgression of The Website.
References
For more information, review the License and Privacy sections of The Website.