Terms Of Use (legal mumbo jumbo... sorry)

The following Terms of Use outline your obligations when using the Diabetic Days website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

  1. ACCEPTANCE OF TERMS
    The web pages available at www.diabeticdays.com, and all linked pages ("Site"), are owned and operated by Webstar Productions trading as Diabetic Days ("Diabetic Days"), and is accessed by you under the Terms of Use described below ("Terms of Use").

    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. DIABETIC DAYS'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY DIABETIC DAYS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

  2. MODIFICATIONS OF TERMS OF USE
    Diabetic Days reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Diabetic Days will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Diabetic Days' sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

  3. DESCRIPTION OF SERVICE
    Subject to full compliance with the Terms of Use, Diabetic Days may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Diabetic Days performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, forums messages, information, data, graphics, news articles, photographs, images, illustrations, software, graphs and video clips, also known as the "Content" and submitted user data, known as "Your Data"). Diabetic Days may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Diabetic Days may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

  4. YOUR REGISTRATION OBLIGATIONS
    As a condition to using Services, you are required to register with Diabetic Days and select a password and forum user name ("Diabetic Days User Name"). You shall provide Diabetic Days with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Diabetic Days account. You may not (i) select or use as a Diabetic Days User Name a name of another person with the intent to impersonate that person; (ii) use as a Diabetic Days User Name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Diabetic Days User Name a name that is otherwise offensive, vulgar or obscene. Diabetic Days reserves the right to refuse registration of, or cancel a Diabetic Days User Name in its discretion. You shall be responsible for maintaining the confidentiality of your Diabetic Days password.

    Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

  5. USER CONDUCT
    As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Diabetic Days.

    By way of example, and not as a limitation, you agree not to use the Services:

    1. to abuse, harass, threaten, impersonate or intimidate other Diabetic Days users;
    2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
    3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
    4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Diabetic Days user;
    5. to create or submit unwanted email ("Spam") to any other Diabetic Days users or any URL;
    6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
    7. to submit messages linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
    8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
    9. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    10. attempt to impersonate another user or person;
    11. sell or otherwise transfer your account.

    Diabetic Days may remove any Content and Diabetic Days accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@diabeticdays.com

    You are solely responsible for your interactions with other users of the Site. Diabetic Days reserves the right, but has no obligation, to monitor disputes between you and other users.

  6. DIABETIC DAYS PRIVACY POLICY
    Diabetic Days' current privacy policy is available at www.diabeticdays.com/privacy (the "Privacy Policy"), which is incorporated by this reference.

  7. DATA BACKUP AND SECURITY
    We strive to keep Your Data secure and backed up, but cannot guarantee that we will be successful at doing so, given the nature of the Internet. You acknowledge that you bear sole responsibility for holding a backup of Your Data. We strongly encourage you, where available and appropriate, to routinely archive Your Data. We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your Data.

  8. INDEMNITY
    You will indemnify and hold harmless Diabetic Days, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Diabetic Days User Name, of any intellectual property or other right of any person or entity.

  9. WARRANTY DISCLAIMERS
    You acknowledge that Diabetic Days has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Diabetic Days from all liability for you having acquired or not acquired Content through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  10. LINKS
    The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Diabetic Days has no control over such sites and resources, you acknowledge and agree that Diabetic Days 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 Diabetic Days 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.

  11. LIMITATION OF LIABILITY IN NO EVENT SHALL DIABETIC DAYS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  12. TERMINATION
    Diabetic Days may terminate or suspend any and all Services and your Diabetic Days account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Diabetic Days account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  13. MISCELLANEOUS
    No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Diabetic Days in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Diabetic Days shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Diabetic Days' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).




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