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DiaryUnlimited.com Terms and Conditions (12.10.2012)
Terms and Conditions

These Terms and Conditions govern access to and use of our website found at url: diaryUnlimited.com, y2kdiary.com, edgeimagebank.com(the "Site"). By accessing and using the Site, you agree to be bound by these Terms and Conditions. If you do not agree with any part of the following, please do not use the Site. We reserve the right to change these Terms and Conditions at any time. Amendments will take effect when posted on our Site and you agree that it is your responsibility to be aware of any changes made to these Terms and Conditions.


1. Definitions in this Agreement

"Internet" means the global data network comprising interconnected networks using Transmission Control Protocol/Internet Protocol; "Site" means the website found at url: diaryunlimited.com, y2kdiary.com, edgeimagebank.com. or "we" means diaryunlimited.com, y2kdiary.com, edgeimagebank.com. "you" and "your" means you, the person entering into this agreement and diaryunlimited.com, y2kdiary.com, edgeimagebank.com ;


2. Your Obligations

You agree that you will only access and use the Site in accordance with these Terms and Conditions and in accordance with and subject at all times to all applicable laws and regulations anywhere subsisting in the world. We reserve the right without notice at any time and at our sole discretion to suspend or discontinue your access to or use of the Site in the event that such access or use would be unlawful under any applicable law or regulations anywhere subsisting in the world; You represent, warrant and undertake that you will not directly or indirectly act or omit to act in any way which may infringe, damage or endanger any intellectual property rights (or any goodwill attaching thereto) which may now or in the future subsist in any part of the world of us or any third party and you will not knowingly permit any other person to do so; You are responsible for the content of and all information contained in your communications to the Site, including the lawfulness, truthfulness, decency and accuracy of any such communications. You are also solely responsible for the use to which you put all information, data and results from the Site; You will provide diaryunlimited.com, y2kdiary.com, edgeimagebank.com with your own personal details as requested by DiaryUnlimited and EdgeImageBank upon registration, including your full name and address; You may not in any circumstances do any of the following on or in relation to the Site: commit or encourage a criminal offence; send or receive any material which is offensive, or which we believe maybe abusive, defamatory, indecent, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights; act in any manner contrary to applicable law or regulation, or in any way that may in our opinion have an adverse effect on the Site; insert or knowingly or recklessly transmit or distribute a virus; corrupt data; cause annoyance to subscribers or others; use any domain name or mailbox name so as to infringe upon the rights of any other person whether in statute or common law, in a corresponding trade mark or name; send or receive material protected by intellectual property laws or any other laws anywhere in the world unless you own those rights or have received all necessary consents; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; employ a misleading email address or name or falsify any information in any part of any communication, including without limitation any email; hold diaryunlimited.com, y2kdiary.com, edgeimagebank.com or any of its third party contractors liable in relation to the accuracy, reliability, availability and/or performance of resources accessed through the Internet which, you acknowledge, are beyond the control and are not in any way warranted or supported by diaryunlimited.com, y2kdiary.com, edgeimagebank.com or its third party contractors; or permit any third party to do any of the above.


3. Intellectual Property

The Site (including the design, text, graphics and any other material appearing on the Site), its content and software are protected by copyright, trade marks and other intellectual property rights which are owned or controlled by us or third parties who have granted us licences to use the same. You agree to comply with all copyright notices, information or restrictions contained in any information accessed through the Site. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, re-transmit, re-distribute or otherwise re-produce any of the content supplied to you or which appears on this Site in any format to anyone and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. DiaryUnlimited and EdgeImageBank Logos are registered trade marks of diaryunlimited.com, y2kdiary.com, edgeimagebank.com and are used under license.


4. Disclaimer

The Site is provided as a service available to Internet users. By using the Site you understand and acknowledge that no legal relations are created between you and diaryunlimited.com, y2kdiary.com, edgeimagebank.com. Information contained on the Site which has been provided by third parties and/or information on any other website which is accessed via the Site has not been independently verified by diaryunlimited.com, y2kdiary.com, edgeimagebank.com. diaryunlimited.com, y2kdiary.com, edgeimagebank.com nor any of its officers, agents and/or employees will be liable for damages arising out of or in connection with any third party websites and will not be held responsible in any way for any transaction entered into between you and third parties offering goods or services on the Site ("Partner").You should note that prices appearing on the Site are not offers either from us or our Partners. They are an invitation for you to make an offer. Please read the terms and conditions of the relevant partner before entering into a transaction on the Site. While we take every care to ensure that the standard of the Site remains high, the Internet is not a stable medium and errors, omissions and interruptions may occur at any time. Neither diaryunlimited.com, y2kdiary.com, edgeimagebank.com , nor any of its officers, agents and/or employees give any representation or warranty as to the accuracy, completeness and/or reliability of any content on the Site, or as to any information contained on any website whatsoever which is accessed via the Site or as to the fitness of the Site for any particular purpose. diaryunlimited.com, y2kdiary.com, edgeimagebank.com , its officers, agents and employees disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever arising in tort, contract, equity or otherwise and arising out of or in relation to your use of or inability to use the Site.


5. Liability

All warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law. Save in respect of liability for death or personal injury arising out of negligence, diaryunlimited.com, y2kdiary.com, edgeimagebank.com and all contributors to this Site hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any direct, indirect, consequential, special or secondary loss or damage including any damage to goodwill or property or with respect to loss of data, income or profits or any loss of anticipated savings incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this Site, or any software or content supplied to you in connection with the Site, or any services we provide or make available to you through or in relation to our Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if diaryunlimited.com, y2kdiary.com, edgeimagebank.com or its employees or agents are advised of the possibility of such damages, losses or expenses. diaryunlimited.com, y2kdiary.com, edgeimagebank.com maximum aggregate liability under this agreement whether arising from negligence, breach of contract or otherwise shall be limited in respect of one incident or series of two or more related incidents to an amount equal to the cover provided to diaryunlimited.com, y2kdiary.com, edgeimagebank.com under its policies of insurance. Any dealings you have with third parties via the Site are your responsibility. Should a dispute arise between yourself and any third party due to use of the Site we will use our reasonable endeavours to assist its resolution but we will not be responsible for any loss or damage suffered as a result. We may provide links, including hypertext links, from our Site to other websites, resources, advertisements or sponsorships, either directly or indirectly through the contractual partners, which are not under our control. Information contained on the Site which has been provided by third parties and/or information on any other website which is accessed via the Site has not been independently verified by diaryunlimited.com, y2kdiary.com, edgeimagebank.com . We accept no responsibility for these links and do not endorse their contents and we shall have no liability to you for any failure on the part of the operator of the linked site or any of its suppliers to fulfil any obligation owed to you or for any defective or deficient product or service any of them might supply to you. If you decide to access other websites, you do so completely at your own risk.


6. Indemnity

You will fully indemnify and hold harmless diaryunlimited.com, y2kdiary.com, edgeimagebank.com from and against any and all actions, threats, proceedings, claims, liabilities, losses, damages, costs and/or expenses (including without limitation reasonable legal expenses, direct, indirect or consequential losses, economic losses or other loss of profits, business or goodwill) which may be suffered or incurred by diaryunlimited.com, y2kdiary.com, edgeimagebank.com and/or its employees and/or agents directly or indirectly arising out of or in connection with any breach by you of these Terms and Conditions


7. Variation of Content

diaryunlimited.com, y2kdiary.com, edgeimagebank.com reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the content which appears on any page of this Site.


8. Data Protection

The privacy of your information is very important to us and our Privacy Policy covers our use of any information you provide.


9. Submissions

All information and material submitted to and accepted by diaryunlimited.com, y2kdiary.com, edgeimagebank.com via the Site by way of user reviews shall be deemed to be and shall remain the property of diaryunlimited.com, y2kdiary.com, edgeimagebank.com shall be free to use, edit, copy, republish and distribute (for any purpose) any such information and material and you will not submit any such content unless you are able to grant this right. diaryunlimited.com, y2kdiary.com, edgeimagebank.com shall not be subject to any obligations of confidence regarding such information or materials except as required by law.


10. Termination of Access

We reserve the right in our sole discretion to deny you access to our Site or any part of our Site without notice if you are in breach of these Terms and Conditions.


11. Invalidity

If any part of our Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.


12. Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.


13. Notices

Notices given under this agreement shall be delivered by hand or sent by prepaid first class post or electronic mail in the case of either party. Electronic mail shall be deemed to be delivered when it is sent.


14. Entire Agreement

Save in case of fraudulent misrepresentation or fraudulent concealment, these Terms and Conditions set out the whole of our agreement relating to use of and access to the Site. They may not be varied by you at any time. Nothing said by any sales person on behalf of diaryunlimited.com, y2kdiary.com, edgeimagebank.com should be understood as a variation of these Terms and Conditions or an authorised representation about the Site or the nature and quality of items displayed thereon. shall have no liability for any such representation being untrue or misleading.

Whilst every effort has been made to ensure the accuracy of all articles, advertisements and other insertions in the Website, the broadcaster and publisher can accept no responsibility for any errors or omissions or incorrect insertions. The views of the contributors are not necessarily those of the broadcaster, publisher or the advertisers. No part of this publication may be reproduced without the written permission of the copyright holder and publisher, application for which should be made to the publisher. By entering this site the user accepts a charge of GBP 100,000 if the site is also used for canvassing purposes or published in any way.

Privacy Policy

DiaryUnlimited and Mnemonics are committed to ensuring the privacy and protection of all your personal information collected in pursuance of our businesses. DiaryUnlimited and Mnemonics are further committed to ensuring that our website is absolutely secure in their collection and use of your personal information. DiaryUnlimited and Mnemonics adhere to the Data Protection Act 1998 and are registered on the public register of data controllers maintained by the Information Commissioner. You have full control over the information stored about you and what types of information (if any) that you would like to receive. We will prevent unauthorised access to information held by us and this may mean that you are asked to provide proof of identity before we disclose personal information to you.

Please read this policy as it details the approach DiaryUnlimited and Mnemonics takes to the use of personal information.


Contact Details:

If you have any data protection queries, you can contact us by writing to " DiaryUnlimited and Mnemonics by emailing us at [email protected] and writing "Data Protection Request" in the email subject header.

What personal information we collect, how we collect it and why we collect it.

To sign up with DiaryUnlimited and Mnemonics or buy any goods from our portal you need to provide us with your name, email address and password for authentication purposes. The email address may be used to send you information about your account and information about DiaryUnlimited and Mnemonics that you have elected to receive information on during the registration process.

We may on occasions ask you to provide additional personal information about yourself such as your date of birth (or age group category), gender and/or mobile or telephone number to enable you to participate in a survey. We may also occasionally ask our market research partners to contact you by telephone or we may contact you ourselves as part of a survey of our services. You will be able to choose at the time whether or not you want to take part in the survey. We do not collect or retain your personal data unless it is strictly necessary for the above purposes and we do not keep it for longer than is necessary to achieve these purposes.


Informing You About Our Products and Services:

We reserve the right to contact you for the purpose of service announcements. We may also wish to contact you from time to time with details of special offers, promotions, competitions, and information regarding our products and services. If you wish to receive such information then please tick the relevant box when registering with us.

Third parties and DiaryUnlimited and Mnemonics may also wish to contact you from time to time with information they believe may be of interest to you. If you wish to receive such communications then please tick the box when registering with us.

You always have the right to object, at any time, to your personal data being used for direct marketing purposes by us or by third parties by contacting us.

Is your personal information shared with DiaryUnlimited and Mnemonics or third parties?

Your personal information will not be transferred to a third party without your consent, except as required by law. If you give us your consent, by ticking the box when you register with us, then we may transfer your personal data to a third party so that they may contact you with any information they believe may be of interest to you or we may send you details of goods, services, promotions and offers provided by other companies or organisation which we believe may interest you.

We may use your personal data in order to carry out a statistical analysis of our customer base and anonymous statistical information may be shared with third parties. In addition, DiaryUnlimited and Mnemonics may use other companies to work on our behalf - examples include analysing data and providing customer service. Such agents have access to the personal information needed to perform their functions but may not use it for any other purpose. If you shop or use other services provided through DiaryUnlimited.com, Y2Kdiary.com and EdgeImageBank.com, personal information including payment details may be passed on to the relevant retail partner so that they can provide you with the relevant service or product. Payment and other personal information may be shared with our service providers. You should be aware that if our website contains links to other websites then these sites may have different privacy and security policies and we do not have any control over and take no responsibility for information submitted to such sites. For more details of how these sites use your personal information, we recommend that you read each respective partner's terms and conditions and privacy policy. As we continue to develop our business we might sell or buy partners or assets. In such transactions customer information generally is one of the transferred business assets. In the event that DiaryUnlimited and Mnemonics (or substantially all of its assets) is acquired, customer information will be one of the transferred assets. We do not rent or sell our customer lists to any other organisation or individual without your prior consent. Customer lists may be used to process customer information and research customer's needs and preferences.


Transfer of Your Personal Data Outside of the EU:

You should be aware that countries outside the European Union may have a lower standard of protection for personal information than that required by the Data Protection Act 1998. If it is necessary to transfer your data to a company based outside the EU (eg for the purpose of completing a contract for your benefit) then we will seek to ensure that your personal data is processed in accordance with the Data Protection Act 1998, as implementing the EU Directive on the Protection of Personal Data (95/46/EC), and any other Act or Acts replacing or modifying such Act for the time being in force, through the implementation of an agreement ensuring adequate protection of your personal data.


Security:

We have security measures in place on our website to ensure that any personal data input onto the site is protected against loss, misuse or alteration. Please remember that you are responsible for protecting your password and username and must not share or allow its disclosure to anyone. However, due to the inherent risks of the Internet we cannot guarantee the protection of your personal information and we cannot be responsible for any harm that may be suffered due to a breach of security when the website is used.


Changing Personal Information:

You can request, at any time, that personal information previously provided can be altered or deleted by contacting us at [email protected] and writing "Data Protection Request" in the email subject header. If we have shared your personal information with third parties then we will ensure that any alterations or deletions are notified to these parties.


Future Changes to Privacy Policy:

This policy may change and any changes that are made will be identified on our website so that you are always fully aware of what information is collected, how it is used and under what circumstances it may be disclosed.


Comments:

If you have any queries, comments or complaints regarding this privacy policy please contact us at [email protected]DiaryUnlimited.com.

A greater portion of the contents on this page are original, meaning that they were provided exclusively for this site by DiaryUnlimited and/or the copyright holders in the case of articles, photos, etc. In the instances where material was acquired from a source other than the copyright holder, Virtual Alien has provided credit and a link back to the contributer's web site, if one exists. If you have a DiaryUnlimited.com website and are interested in using any of this website contents on your page, please read below.


What material may be used ONLY with permission:

Any contents that DiaryUnlimited and his representative GEM have copyright on or any exclusive contributers have copyright on.

This includes:

  • Essays, news bulletins (on the NEWS page), and live concert reports, fan encounters, etc.
  • Any text on DiaryUnlimited that is not noted as coming from a publication such as a magazine or newspaper is written by us or contributed exclusively to us.
  • HTML code; Unless stated otherwise, (all exceptions to this rule were done through the permission of the copyright holders) all text on this site was HTML encoded by the DiaryUnlimited's staff and is under copyright by us. This means that although we may not own the rights to the printed source, the HTML code is copyrighted and may NOT be mirrored or copied onto another site. If you're not prepared to ask permission to use an article listed on the DiaryUnlimited website, your only option is to find the ORIGINAL printed source of each item and type/encode it yourself.
  • Page design; This includes layout, frame design, etc.


What you may not do, permission or otherwise:

  • Put your own copyright notice on any material originally appearing on the DiaryUnlimited.com website; Includes images, Real files, mp3s, text, and everything else! As in the case of text, digitized material such as sound and video files are copyrighted by the encoder in their electronic form, and permission is required to use them on another site. Images have in most cases been touched up with Adobe Photoshop or some other imaging program, and the DiaryUnlimited website holds the copyright on their retouched form. If you're not prepared to ask permission to use any of these items, your only option is to find the original sources (CDs, tapes, magazines, etc) and digitize them yourself.
  • Link any part of the DiaryUnlimited's website inside a frame. Use this code to hop pages out of frames: inside the A HREF="url" link code put A HREF="url" target="_top".
  • Link from your DiaryUnlimited's page to any binary files on this site; That means, you can not link to any files except the HTML ones. Linking to images (.jpg, .gif...) audio (.ra, wav, mp3...) video (.mpg, .rm, .avi...) and zipped files (.zip) causes bandwidth problems and will not be tolerated. If you wish to use anything in the above formats, contact the site.


What material you CAN use:

  • Article text; Unless stated that the material is exclusive to the DiaryUnlimited.com site, we do not have copyright to the actual text from printed sources of course, but remember you can't copy the HTML code! Also, it would be appreciated if you gave credit for used articles/pics to acknowledge the work that goes into typing / scanning articles!
  • Images; You may use a FEW images from the archive to add to your own DiaryUnlimited.com site, but you can NOT copy an entire section, or the entire archive! And please give some credit and link to the DiaryUnlimited.com website. You may link to any subsection HTML page on the site ...as long as you clearly state that the page belongs to DiaryUnlimited.com directly ON THE LINK ...and remember not to link the page inside a frame.


Other Info

When using other material contributed exclusively to the DiaryUnlimited.com website by someone, please credit both the original contributer as well as the site. We can not give you permission to use other people's material. If you have any questions about this copyright policy, please contact us at [email protected]DiaryUnlimited.com.


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