InsaneJournal.com provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without notice.
You can review the current version of the TOS at: http://www.insanejournal.com/legal/tos.bml. Failure to comply with these TOS may result in account revocation.
InsaneJournal.com is a web-based service that allows its users to create and update online journals (herein referred to as "InsaneJournal", or "the Service"). The Service can be updated through a web browser as well as by the use of a free downloadable clients ("the Software"). Once registered with InsaneJournal.com, each user receives his or her own journal space to post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video ("the Content"). This Content may reside on InsaneJournal's servers or on the servers of a third party.
InsaneJournal currently has a four-tier account structure. All accounts are available in accordance with local law including the Children's Online Protection Privacy Act (COPPA) which restricts children under the age of 13 from registering;
For a full overview of the features offered to each account type, see (What are the different account types?). You hereby agree to this structure, and to InsaneJournal.com's right to change, modify, or otherwise discontinue any type of account and/or its respective services.
You agree to indemnify and hold InsaneJournal.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You acknowledge that InsaneJournal.com may establish limits concerning use of the Service and may modify these limits at any time.
InsaneJournal.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that InsaneJournal.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
You agree that InsaneJournal.com, in its sole discretion, may terminate your password, journal, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if InsaneJournal.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted journal and all its parts, at InsaneJournal.com's discretion, will be terminated as well. InsaneJournal.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree InsaneJournal.com may immediately deactivate or delete your InsaneJournal.com journal and all related information and files. InsaneJournal.com reserves the right to bar any further access to such files or the Service. You agree that InsaneJournal.com shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
InsaneJournal.com has decided to remove all banner advertisements and promotions on InsaneJournal.com journals. However, InsaneJournal.com reserves the right to run advertisements and promotions on the InsaneJournal.com service in the future. By using InsaneJournal.com, you agree that InsaneJournal.com has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by InsaneJournal.com on your journal are subject to change. You agree that InsaneJournal.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service, or relevant third parties, may provide links to other web sites or resources. Because InsaneJournal.com has no control over such sites and resources, you acknowledge and agree that InsaneJournal.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that InsaneJournal.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You must acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All InsaneJournal code and specifications are subject to their said or implied licenses.
Guidelines for posting to your online journal shall be as follows:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. InsaneJournal.com does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be InsaneJournal.com's sole discretion as to what action should be taken.
You agree to NOT use the Service to:
If any user is reported to be in violation with the letter or spirit of these terms, InsaneJournal.com retains the right to terminate such account at any time without further warning.
InsaneJournal.com is largely a volunteer-run project whose primary intent is to provide high quality, community driven on-line services. To achieve this goal, InsaneJournal.com volunteers are often called upon to perform a variety of technical and non-technical tasks, including, but not limited to, programming, the creation of web-based content (HTML, BML, and other formats), graphic design, audio and/or visual content creation, technical writing, managing electronic data libraries and/or databases, technical support, reviewing, categorizing, legal assistance, archiving and/or forwarding electronic data, providing expert advice, administration, management, accounting, research, content creation, promotions, or other assignments, as needed. All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian.
By accepting these Terms of Service, any InsaneJournal.com member agrees that the intellectual content created as a result of volunteer work for InsaneJournal.com constitutes a work for hire and that all intellectual property rights in said content shall vest in InsaneJournal.com at the time that it is created to the extent permitted by law. If laws prevent such vesting, the volunteer makes assignment of all such rights to InsaneJournal.com at the time of creation.
If laws prevent such assignment, the volunteer grants a perpetual world wide irrevocable license to InsaneJournal.com to use said content. If laws prevent such licensing, the volunteer agrees never to sue InsaneJournal.com for the use of said content.
The volunteer certifies that any electronic data he/she submits is his/her work and that to the best of the volunteer's knowledge, the electronic data is not claimed by another. InsaneJournal.com will provide sufficient tools, training and direction to the volunteer as necessary to accomplish mutual goals. The volunteer agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if said work is found to be illegally presented, claimed, or forged, InsaneJournal.com will remove such material and, at InsaneJournal.com's discretion, seek action against the individual(s) from which the work originated.
No InsaneJournal user is required to become a volunteer to this service, and users without volunteer status are guaranteed reasonable support and attention as compared to those users that are volunteers.
Without the expressed written confirmation to the contrary, all InsaneJournal.com positions are assumed to be taken without pay or future consideration.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INSANEJOURNAL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) INSANEJOURNAL.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSANEJOURNAL.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INSANEJOURNAL.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INSANEJOURNAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
The TOS constitutes the entire agreement between you and InsaneJournal.com and governs your use of the Service, superseding any prior agreements between you and InsaneJournal.com (including, but not limited to, any prior versions of the TOS). The laws of the State of Florida, U.S.A, shall govern the TOS and the relationship between you and InsaneJournal.com, without regard to its conflict of law provisions. You and InsaneJournal.com agree to submit to the personal and exclusive jurisdiction of the courts located within Palm Beach County, Florida, U.S.A. The failure of InsaneJournal.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Instructions on how to report violations of these Terms of Service may be located at the FAQ "How do I contact the Abuse team?" To expedite the processing of your report, please carefully follow these instructions.