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Acadiary
AcaDiary - Terms And Conditions

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (Statement) governs our relationship with users and others who interact with AcaDiary. By using or accessing AcaDiary, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use AcaDiary to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on AcaDiary, and you can control how it is shared through your privacy settings . In addition:

  1. For content that is covered by intellectual property (IP) rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: 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 AcaDiary . This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. 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)
  3. When you publish content or information using the everyone setting, it means that you are allowing everyone, including people off of AcaDiary, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  4. We always appreciate your feedback or other suggestions about AcaDiary, 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).

3. Safety

We do our best to keep AcaDiary safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  1. You will not send or otherwise post unauthorized commercial communications (such as spam) on AcaDiary.
  2. You will not collect users' content or information, or otherwise access AcaDiary, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not upload viruses or other malicious code.
  4. You will not solicit login information or access an account belonging to someone else.
  5. You will not bully, intimidate, defame or harass any user, institution or organization.
  6. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  7. You will not develop or operate alcohol-related or other mature content (including advertisements).
  8. You will not use AcaDiary to do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not do anything that could disable, overburden, or impair the proper working of AcaDiary, such as a denial of service attack.
  10. You will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security

AcaDiary users provide their real names and information (Personal, Academic and Career related 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:

  1. You will not provide any false personal information on AcaDiary, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal profile.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your personal profile for your own commercial gain (such as selling your posts or activity to an advertiser).
  5. You will not use AcaDiary if you are a convicted sex offender.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  8. You will not transfer your account to anyone without first getting our written permission.
  9. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

5. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on AcaDiary that infringes or violates someone else's rights or otherwise violates the law.
  2. We reserve the right to remove any content or information you post on AcaDiary if we believe that it violates this Statement.
  3. We reserve the right to disable your account if we believe your actions are in violation of the spirit of this agreement.
  4. You will not use our copyrights or trademarks (including AcaDiary, the AcaDiary logos etc ), or any confusingly similar marks, without our written permission.
  5. If you collect information from users, you will: obtain their consent, make it clear you (and not AcaDiary) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  6. You will not post anyone's identification documents or sensitive financial information on AcaDiary.
  7. You will not tag users or send email invitations to non-users without their consent.
  8. You will not post or share any content (posts, links, documents etc.) that may infringe copyrights/ intellectual property rights of any other user, instituition or organization.

6. Payments and Deals

  1. If you make a payment on AcaDiary or use AcaDiary Credits, you agree to our Payments Terms.

7. About Advertisements and Other Commercial Content Served or Enhanced by AcaDiary

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

  1. You give us the right to place ads relevant to you based on your profile information and activity on your AcaDiary pages.
  2. We do not give your content or information to advertisers without your consent.
  3. You understand that we may not always identify paid services and communications as such.

8. Special Provisions Applicable to Advertisers

9. You can target your specific audience by buying ads on AcaDiary

The following additional terms apply to you if you place an order through our online advertising portal or through our authorised sales executives(Order):

  1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend .If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
  2. You will pay for your Orders in accordance with our Payments Terms. The effectiveness of your ad campaign will be calculated based on our tracking mechanisms.
  3. Your ads will comply with our Advertising Guidelines.
  4. We will determine the size, placement, and positioning of your ads.
  5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
  6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
  7. You can not cancel your ads once you have paid for them and entered into an agreement with us. The payment you make is non- refundable.
  8. Our license to run your ad will end when we have completed your Order.
  9. We can use your ads and related content and information for marketing or promotional purposes.
  10. You will not issue any press release or make public statements about your relationship with AcaDiary without written permission.
  11. We may reject or remove any ad for any reason.
  12. If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following: i. You warrant that you have the legal authority to bind the advertiser to this Statement.
    ii. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

10. Amendments

  1. We can change this Statement if we provide you notice (by posting the change on AcaDiary Terms and Condtions Page and intimating you by email to the address of correspondence given by you) and an opportunity to comment.
  2. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

11. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of AcaDiary to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.

12. Disputes

  1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or AcaDiary exclusively in a state court located in Bengaluru. The laws of the State of Karnataka will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Bengaluru, Karnataka for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions, content or information on AcaDiary, 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.
  3. WE TRY TO KEEP ACADIARY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ACADIARY AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ACADIARY WILL BE SAFE OR SECURE. ACADIARY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US,FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ACADIARY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Special Provisions Applicable to Users Outside India We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside India:

  1. You consent to having your personal data transferred to and processed in India.

13. Definitions

  1. By AcaDiary we mean the features and services we make available, including through (a) our website at www.acadiary.com and any other AcaDiary branded or co-branded websites (including sub-domains, international versions and other media, software (such as a toolbar), devices, or networks now existing or later developed.
  2. By information we mean facts and other information about you, including actions you take.
  3. By content we mean anything you post on AcaDiary that would not be included in the definition of information.
  4. By data we mean content and information that third parties can retrieve from AcaDiary or provide to AcaDiary through Platform.
  5. By post we mean post on AcaDiary or otherwise make available to us (such as by using an application).
  6. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  7. By active registered user we mean a user who has logged into AcaDiary at least once in the previous 180 days.

14. Other

  1. This Statement is an agreement between you and AcaDiary
  2. References to “us,” “we,” and “our” means AcaDiary.
  3. This Statement makes up the entire agreement between the parties regarding AcaDiary, and supersedes any prior agreements.
  4. For Advertisers, this agreement is in addition to the sales agreement made between the Advertiser and AcaDiary. In case of a conflict between the two, terms of the sale agreement between AcaDiary and Advertiser will govern.
  5. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  6. If we fail to enforce any of this Statement, it will not be considered a waiver.
  7. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  8. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  9. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  10. Nothing in this Statement shall prevent us from complying with the law.
  11. You will comply with all applicable laws when using or accessing AcaDiary.