Terms of Service
NUS Diary welcomes you. NUS Diary provides the NUS Diary Services to you subject to the following Terms of Service (“TOS”). The TOS derives from the NUS Diary Principles, and governs our relationship with users and others who interact with NUS Diary, which may be updated by us from time to time without notice to you. By accessing and using the NUS Diary Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular NUS Diary owned or operated services, you and NUS Diary shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. Sharing Your Content and Information
You own all of the content and information you post on NUS Diary. In order for us to use certain types of content and provide you with NUS Diary, you agree to the following:
a) For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with NUS Diary (“IP License”). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
b) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
c) We always appreciate your feedback or other suggestions about NUS Diary, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep NUS Diary safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
a) You will not send or otherwise post unauthorized commercial communications to users (such as spam).
b) You will not collect users’ information, or otherwise access NUS Diary, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
c) You will not upload viruses or other malicious code.
d) You will not solicit login information or access an account belonging to someone else.
e) You will not bully, intimidate, or harass any user.
f) You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
g) You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
h) You will not use NUS Diary to do anything unlawful, misleading, malicious, or discriminatory.
i) You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
In consideration of your use of the NUS Diary Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the NUS Diary Services. NUS Diary users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
a) You will not provide any false personal information on NUS Diary, or create an account for anyone other than yourself without permission.
b) You will not use NUS Diary if you are under 13.
c) You will not use NUS Diary if you are a convicted sex offender.
d) You will keep your contact information accurate and up-to-date.
e) You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
f) You will not transfer your account to anyone without first getting our written permission.
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
a) You will not post content or take any action on NUS Diary that infringes someone else’s rights or otherwise violates the law.
b) We can remove any content you post on NUS Diary if we believe that it violates this Statement.
c) If we removed your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
d) If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
e) You will not use our copyrights or trademarks (including NUS Diary, the NUS Diary and NUS Diary Logos) without our written permission.
g) You will not post anyone’s identification documents or sensitive financial information on NUS Diary.
If you violate the letter or spirit of this TOS, or otherwise create possible legal exposure for us, we can stop providing all or part of NUS Diary to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this TOS shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5 and 13-16.
You may terminate your NUS Diary account and access to the NUS Diary Services by submitting such termination request to NUS Diary.
You agree that NUS Diary may, without prior notice, immediately terminate, limit your access to or suspend your NUS Diary account and access to the NUS Diary Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to:
a) breaches or violations of the TOS or other incorporated agreements or guidelines,
b) requests by law enforcement or other government agencies,
c) discontinuance or material modification to the NUS Diary Services (or any part thereof),
d) unexpected technical or security issues or problems,
e) extended periods of inactivity,
f) engagement by you in fraudulent or illegal activities, and/or
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in NUS Diary’s sole discretion and that NUS Diary shall not be liable to you or any third party for any termination of your account, or access to the NUS Diary Services.
Termination of your NUS Diary account includes any or all of the following:
a) Removal of access to all or part of the offerings within the NUS Diary Services.
b) Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof).
c) Barring of further use of all or part of the NUS Diary Services.
7. Contributions to NUS Diary
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to NUS Diary through its feedback page, you acknowledge and agree that:
a) Your Contributions do not contain confidential or proprietary information;
b) NUS Diary is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
c) NUS Diary shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
d) NUS Diary may have something similar to the Contributions already under consideration or in development;
e) Your Contributions automatically become the property of NUS Diary without any obligation of NUS Diary to you;
f) You are not entitled to any compensation or reimbursement of any kind from NUS Diary under any circumstances.
a) You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this TOS or NUS Diary in a state or federal court.
b) If anyone brings a claim against us related to your actions or your content on NUS Diary, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You agree to indemnify and hold NUS Diary and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the NUS Diary Services, your use of the NUS Diary Services, your connection to the NUS Diary Services, your violation of the TOS, or your violation of any rights of another.
10. Trademark Information
You agree that all of NUS Diary’s trademarks, trade names, service marks and other NUS Diary logos and brand features, and product and service names are trademarks and the property of NUS Diary Inc. Without NUS Diary’s prior permission, you agree not to display or use in any manner the NUS Diary Marks.
11. No Commercial Reuse of NUS Diary Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the NUS Diary Services (including Content, advertisements, Software and your NUS Diary account).
a) By “NUS Diary” we mean the features and services we make available, including through (a) our website at www.nusdiary.com and any other NUS Diary branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
b) By “us,” “we” and “our” we mean NUS Diary, Inc. and/or its affiliates.
c) By “Platform” we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from NUS Diary and provide data to us relating to NUS Diary users.
d) By “content” we mean the content and information you post on NUS Diary, including information about you and the actions you take.
e) By “post” we mean post on NUS Diary or otherwise make available to us.
f) By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
a) This TOS makes up the entire agreement between the parties regarding NUS Diary, and supersedes any prior agreements.
b) If any portion of this TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
c) If we fail to enforce any of this TOS, it will not be considered a waiver.
d) Any amendment to or waiver of this TOS must be made in writing and signed by us.
e) You will not transfer any of your rights or obligations under this TOS to anyone else without our consent.
f) All of our rights and obligations under this TOS are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
g) Nothing in this Agreement shall prevent us from complying with the law.
h) This TOS does not confer any third party beneficiary rights.
You may also want to review the following documents: