Terms and Conditions, and Privacy Policy

Last Updated: 1st November 2010

Training Diaries ("Training Diaries", "we" or "us") is a technology service provider that provides a set of services and technology applications that enable users to create their own Training Diary and Route Planner utilizing our technology platform  (the "Training Diaries Platform"). Training Diaries is not involved in the management of Training Diaries on the Training Diaries Platform and is not involved in the decisions relating to the focus of Training Diaries or the Content uploaded or published to Training Diaries using the Training Diaries Platform. These are your Training Diaries and, as an Application Creator, you are responsible for managing them in all respects (including the actions, conduct, and Content of Your Members) in compliance with these Terms And Conditions (“Terms and Conditions” or “Agreement”).

These Terms and Conditions contain general terms that apply to all users of the Training Diaries Platform whether they create, join or browse Training Diaries. When using the Training Diaries Platform, you will also be subject to the Training Diaries Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on the Training Diaries Platform, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference.

The Training Diaries Platform is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Training Diaries Platform. Any person who provides their personal information through the Training Diaries Platform represents to us that they are 13 years of age or older.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms and Conditions. If you are using or creating a Application on the Training Diaries Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

By registering with us or using or browsing the Training Diaries Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the Training Diaries Platform at any time.

1. Definitions

"Content" means any work of authorship in an Application, including, photos, text, files, listings, logos, trademarks, postings, and other content added to or submitted with any Application on the Training Diaries Platform. "Your Content" is any Content that you submit to an Application on the Training Diaries Platform, either as a Member or Application Creator (each as defined below). If you are an Application Creator, Your Content includes the name, logo, trademark, brand features and other Content that you make available. Content does not include Application Code or Platform Code.

"Members" are users who have registered with a particular Application on the Training Diaries Platform. "Your Members" are Members who have registered with Your Application.

"Training Diaries" consist of Application Code and other Content and are web applications runTraining Diaries on top of the Training Diaries Platform. Training Diaries are created by Application Creators and are provided for their Members of that Application to interact and connect with other Members. Application features may include Training Diaries, Route Planner, Member profiles, latest activity streams, RSS feeds, among others. If you are an Application Creator, "Your Application" is an Application created and operated by you on the Training Diaries Platform.

"Application Code" means the software code (i.e., HTML, Javascript, or PHP code) used to provide the functionality for a Application that is interpreted by the Platform Code (as defined below). Application Code consists of Training Diaries proprietary code, Third Party Software (as defined below), and may also consist of or interact with Your Code (as defined below), as applicable, but expressly excludes Platform Code.

"Application Creator" is a user who creates, manages and operates one or more Training Diaries on the Training Diaries Platform. An Application Creator is by definition a Member of each of his or her Training Diaries.
"Application Creator Management Page" is the web page where Application Creators can manage their Training Diaries and Members and view and manage Application Data.

"Application Data" means all data collected from a Application or Member and includes registration information, profile data, answers to Application profile questions, all Content and other information contributed by Members, and statistical information and analytics relating to usage and interactions within the Application.

"Training Diaries Product Plans" are the feature related services offered by Training Diaries for a fee.

"Training Diaries Support Services" are the support services provided by Training Diaries to Application Creators.

"Training Diaries Technology" means the past, present and future content of the Training Diaries Platform, including all software in any format (including the Platform Code and Application Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Training Diaries Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the Training Diaries Platform and the Training Diaries Platform itself, including, the selection, sequence, and "look and feel" and arrangement of items on the Training Diaries Platform, and all Training Diaries Marks (as defined below), domain names, patents, and other intellectual property. Training Diaries Technology does not include Your Content or Your Code.

"Platform Code" means the proprietary portion of the Training Diaries Platform that is used to interpret the Application Code and other services available on the Training Diaries Platform.

"Users" are all end users of the Training Diaries Platform, and include Application Creators, Members, Third Party Application Developers, and any unregistered users or browsers.

2. Creating Your Own Application

The Training Diaries Platform is designed to give Application Creators and their Members the freedom to create and control their own experiences on Training Diaries. Subject to this Agreement, as an Application Creator, you are responsible for controlling and managing your Application in all respects and as between Training Diaries and you, you own all of Your Application Data. Training Diaries does not claim any ownership rights in Your Content, or Your Application Data. In addition, Members of Your Application are your responsibility and Training Diaries does not assume or accept any responsibility for the actions, conduct or Content of Your Members.

3. Training Diaries Product Plans, Support Services, Payment and Revenue Sharing and Sponsorship

Training Diaries Product Plans and Support Services
Use of the basic Trainingdiaries.com Platform is free and Training Diaries reserves the right to ad serve advertisements within your Application. As an Application Creator, you may purchase upgrades to remove TrainingDiary.com advertisements and gain access to additional functionality and Support Services from us. The categories and prices of the Training Diaries Product Plans and Support Services are subject to change from time to time.
Training Diaries may choose to temporarily change the fees for the Training Diaries Product Plans and Support Services for promotional or new services, and such changes are immediately effective when Training Diaries posts the temporary promotional event or new service on the Training Diaries Platform. Any changes to fees for the Training Diaries Product Plans or Support Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Training Diaries Platform. The changes shall only apply prospectively to the Training Diaries Product Plans or Support Services you've purchased. Unless otherwise stated, all fees are quoted in £GBT.
Payment
You are responsible for paying all fees and applicable taxes associated with the Training Diaries Product Plans or Support Services in a timely manner with a valid payment method. You authorize Training Diaries or its third party payment providers to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Training Diaries. Your Payment Method will be charged the current fee for the Training Diaries Product Plan or Support Service you choose on the date that you click on the purchase button in the ordering process. You agree that Training Diaries may automatically charge the fee to your Payment Method at the beginTraining Diaries of each recurring period. For example, if you choose a Training Diaries Product Plan or Support Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the purchase button. Additionally, we may offer a pre-pay payment option for payment of Training Diaries Product Plans or Support Services ("Pre-Payment Plan"). If you opt for a Pre-Payment Plan, your Payment Method will be charged the then-current fee for that Training Diaries Product Plan or Support Service at the commencement of each initial period and renewal period.
You acknowledge and agree that any credit card and related billing and payment information that you provide to Training Diaries may be shared by Training Diaries with companies who work on Training Diaries's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Training Diaries and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Training Diaries all charges incurred under your account for any Training Diaries Product Plan or Support Services in which you or anyone else who uses your account enroll in accordance with this Agreement. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Training Diaries may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Training Diaries reserves the right to either suspend or terminate your Training Diaries Product Plans, Support Services, or your account with Training Diaries, including deletion of your Application from the Training Diaries Platform.
Except as may be set forth in applicable Training Diaries Product Plan or Support Policies or Section 27 (Term and Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Training Diaries within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Training Diaries.

Revenue Sharing and Sponsorship
From time to time, Training Diaries or third parties may offer you the opportunity to revenue share from applications or services made available to Your Training Diaries and Members via the Training Diaries Platform or the opportunity to qualify for sponsorship programs to defray the cost of fees incurred as a result of your use of the Training Diaries Platform. Your participation in any such revenue sharing or sponsorship opportunities is at your sole discretion and risk and Training Diaries shall not be liable for any losses or damages you may suffer as a result of your transactions with third parties on the Training Diaries Platform. You agree that Training Diaries may credit your account to reflect any such revenue share or sponsorship programs attributable to you.

Taxes
You are responsible for paying any governmental taxes imposed on your use of the Training Diaries Platform, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Training Diaries the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Training Diaries is obligated to collect such taxes, the applicable tax will be added to your billing account.

4. Your Content and Licenses to Your Content and Application Data

You own all of Your Content, Your Application Data and other information that you upload to the Training Diaries Platform. Training Diaries does not claim any ownership rights in Your Content or Your Application Data. After posting Your Content, you continue to retain any ownership rights you have to Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Application needs to comply with the terms of this Agreement. At any point, you can remove Your Content from Your Application and cancel your account and Training Diaries does not retain any license rights.
You hereby grant Training Diaries, during the course of your usage of the Training Diaries Platform, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, publicly perform and publicly display Your Content and Application Data (a) for the sole purpose of operating and making Your Content and Application Data available on the Training Diaries Platform and in all current and future media in which the Training Diaries Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that we may derive metrics and analytics relating to Your Content and Application Data; and (ii) disclose any such metrics and analytics regarding Your Content and Application Data for marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. This license will terminate at the time you remove Your Content from the Training Diaries Platform. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others).
You hereby agree that if Your Content is removed from any Application due to a violation of these Terms and Conditions, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, Training Diaries shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Training Diaries, any User or individual, or the general public.
You are solely responsible for Your Content and Application Data. You are responsible for making sure that you have all rights in Your Content and Application Data, including the rights necessary for you to grant the foregoing licenses to Your Content and Application Data. You understand that whether or not Your Content is published or marked private by you, Training Diaries does not guarantee any confidentiality or privacy with respect to any of Your Content or Application Data.
Additionally, you understand and agree that Your Content and Application Data that is displayed on the Training Diaries Platform may continue to appear on the Training Diaries Platform, even after you have terminated your account, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.
In addition to the rights, licenses and privileges referred to above, you agree that Training Diaries may use and refer to your Application (including screen shots), trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Training Diaries Platform, and any products, goods, features, capabilities and/or services associated with the Training Diaries Platform.
As an Application Creator or Member you acknowledge that Training Diaries and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Application or the Training Diaries Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
If an Application or Member account is removed from the Training Diaries Platform, the Content associated with that Application may also be deleted at the discretion of the Application Creator or Training Diaries. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to an Application. You should be aware that Training Diaries is not required and may not keep back-up copies of Content on the Training Diaries Platform once the Application or Content is deleted. Additionally, Training Diaries makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the Training Diaries Platform and you should independently back-up and archive Your Content.

5. Licenses From Training Diaries

License to Training Diaries Platform
During and subject to the terms and conditions of this Agreement, Training Diaries hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use the Training Diaries Platform solely to enable your use and creation of Training Diaries on the Training Diaries Platform. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Application Code.
You agree that, as between you and Training Diaries, all the intellectual property rights in the Training Diaries Technology are owned by Training Diaries or its licensors.
License Restrictions
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
•    Run, rent, lease, loan, or sell access to the Training Diaries Platform or the Training Diaries Technology.
•    Decompile or reverse engineer or attempt to access the source code of the software underlying the Training Diaries Platform or Training Diaries Technology.
•    Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Training Diaries Technology.
•    Access the Training Diaries Platform to build a product using similar ideas, features, functions, interface or graphics of the Training Diaries Platform.
•    Access (or attempt to access) any service on the Training Diaries Platform by any means other than as permitted in these Terms and Conditions.
•    Circumvent, disable or otherwise interfere with security related features of the Training Diaries Platform or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Training Diaries Platform or the Content and Third Party Content therein.
•    Access the Training Diaries Platform to upload Your Code or Your Content to cause a breach of security to the Training Diaries Platform or any Application or interfere with the proper working of the Training Diaries Platform or prevent others from using the Training Diaries Platform.
•    Delete the copyright and other proprietary rights notices on the Training Diaries Platform.

6. Feedback

You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Application or the Training Diaries Platform (including the Application Code and Platform Code), including, without limitation, on the Training Diaries Blog, the Training Diaries Feedback form, or in connection with surveys we send to you ("Feedback"). If you choose to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant Training Diaries a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use such Feedback.

7. Training Diaries Trademarks and Legal Notices
Training Diaries trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Training Diaries Platform "Training Diaries Marks" are the trademarks of Training Diaries and may not be used without permission. Training Diaries is not granting you a license under any intellectual property right to the Training Diaries Marks. Other trademarks, logos, and trade names that may appear on the Training Diaries Platform are the property of their respective owners.

8. Training Diaries Ownership Rights
You agree that, as between you and Training Diaries, Training Diaries owns all right, title and interest, including, all intellectual property rights, in and to the Training Diaries Technology. Any rights not expressly granted herein, are reserved to Training Diaries. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Training Diaries Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Training Diaries Platform, including notices on any Training Diaries Technology you download, transmit, display, print or reproduce from or using the Training Diaries Platform.

9. Support and Interaction for Application Creators
If you are an Application Creator, Training Diaries provides documentation to assist you in using Your Application(s). You may access helpful information here. You are responsible for implementing and maintaining Training Diaries all support for Your Application(s), including answering questions from Your Members. You must report bugs that Your Members might find and tell you about here.

10. Advertising and Promotion for Application Creators
At you sole discretion and risk, under certain TrainingDiary.com payment plans you may sell, run and/or serve third-party advertising on your Application if you have paid the required fee to Training Diaries. If you include advertising on your Application, you agree and consent to Training Diaries providing you with information, offers, programs, features and functionality relating to advertising, including deals with advertising partners and advertising Training Diaries.

YOU AGREE THAT TRAININGDIARIES.COM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR APPLICATION.

11. Third Party Content and Hyperlinks to Third Party Sites
Training Diaries may contain features and functionalities that allow access to third party Content, including websites, directories, servers, Training Diaries, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, you agree that Training Diaries will not be responsible.
Additionally, Content from Users, third parties, or advertisers, including, information about third party products and services and any Third Party Applications, may be made available to you through Training Diaries ("Third Party Content") on the Training Diaries Platform. The inclusion of Third Party Content on the Training Diaries Platform does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and Training Diaries has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Training Diaries or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Application) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determiTraining Diaries whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Training Diaries Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Training Diaries Platform at your own risk.
Additionally, Training Diaries or third parties may provide hyperlinks on Training Diaries, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the Training Diaries Platform and the inclusion of any link on a Application does not imply Training Diaries's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Training Diaries expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Training Diaries Platform. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

12. Representations and Warranties.
You represent and warrant to Training Diaries that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Training Diaries Platform including your promotional or other activities on or off the Training Diaries Platform that relate to Your Application; (b) you have the right to grant to Training Diaries the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content and Your Art Assets (as defined below); (c) Your Content and Your Art Assets do not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Content, Your Art Assets or Your Application contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Training Diaries Platform, or intercept or expropriate any system data or personal information from the Training Diaries Platform.

13. Acceptable Use and Conduct
You are solely responsible for your conduct, Your Training Diaries and Your Content on the Training Diaries Platform. We want to keep the Training Diaries Platform safe and fun for everyone and the use of the Training Diaries Platform for unlawful or harmful activities is not allowed. In defining Training Diaries "safe and fun," you specifically agree that:
You will not post, email or make available any Content to Users or use the Training Diaries Platform:
•    In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
•    in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
•    to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms and Conditions, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Training Diaries Platform in connection with Your Application;
•    in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
•    in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
•    in a manner that is harmful to minors in any way;
•    in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Training Diaries;
•    to impersonate a Training Diaries employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Application or the Training Diaries Platform without authorization;
•    to interfere or attempt to interfere with the proper working of the Training Diaries Platform or prevent others from using the Training Diaries Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Training Diaries Platform, or that otherwise negatively affects other persons' ability to use the Training Diaries Platform;
•    to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy the Training Diaries Platform (including the Application Code or Platform Code) or the content contained therein;
•    to facilitate the unlawful distribution of copyrighted content;
•    in a manner that includes personal or identifying information about another person without that person's explicit consent;
•    in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Training Diaries Platform or to Users; and
•    in a manner that constitutes or contains any form of advertising or solicitation if emailed to Users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
•    "Stalk" or otherwise harass anyone;
•    Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
•    Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Training Diaries Platform or to proxy authentication credentials for any Member of the Training Diaries Platform for the purposes of automating logins to the Training Diaries Platform;
•    Use any profanity or the description or name of any illegal activity in the name of Your Application or the Application Subdomain (as defined below) for Your Application;
•    Use the name "Training Diaries" as any part of the name of Your Application or the Application Subdomain;
•    Post any Content containing child pornography to any Application. Training Diaries absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any Application Data, to law enforcement, including the National Center for Missing and Exploited Children;
•    Post any Content that Training Diaries determines depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
•    Post any Content that Training Diaries determines constitutes pornography, contains nudity, or is adult in nature.
•    Use automated means, including spiders, robots, crawlers, data tools, or the like to download data from Training Diaries and the Training Diaries Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
•    Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Training Diaries's infrastructure;
•    Attempt to gain unauthorized access to Training Diaries's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Training Diaries Platform;
•    Use the Training Diaries Platform as a generic file hosting service; and
•    Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Training Diaries Platform.
You agree not to authorize or encourage any third party to use the Training Diaries Platform or any of Your Training Diaries (and Your Training Diaries will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Training Diaries in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

14. Training Diaries Platform Policies
Training Diaries may establish general polices and limits concerning the use of the Training Diaries Platform ("Training Diaries Platform Policies"), including, the maximum number of days that Training Diaries and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or Your Application(s), the maximum number of times and duration for which you may access the Training Diaries Platform or Training Diaries in a given period of time, the maximum storage and bandwidth used by Your Application(s) or Content, how long inactive Training Diaries will be retained, and the maximum CPU power used by Your Training Diaries or Content.

15. Training Diaries's Relationship with Users
You acknowledge that Training Diaries may terminate your account and remove your Content and other Application Data, as well as disable your access to any and all Training Diaries and the Training Diaries Platform at any time for violations of these Terms and Conditions without notice and without any liability to you. In addition, you acknowledge and consent to Training Diaries contacting you and Your Members in order to maintain compliance with these Terms and Conditions.

16. Copyright Infringement/Digital Millennium Copyright Act Compliance
It is Training Diaries's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Training Diaries may remove any allegedly infringing Application Code or Content without any liability to you.
Training Diaries will promptly terminate without notice any User's access to the Training Diaries Platform, including access to any Application, in appropriate circumstances where the User is a "repeat infringer" of copyrights. Generally, Training Diaries will consider a User a repeat infringer if it has received more than two third-party notices of alleged infringement concerTraining Diaries Content or Application Code posted by that User anywhere on the Training Diaries Platform. Training Diaries, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User. Additionally, if a Application Creator continues to allow its Members to post Content that is subject to notices of alleged copyright infringement, the Application may (at Training Diaries's sole discretion) be disabled.
Additionally, if you are a Application Creator, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner's written notice (including any notices forwarded to you by Training Diaries) that specified Content or Application Code posted on Your Application infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable Member that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content or Application Code, you agree to replace or cease disabling access to the Content or Application Code not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaiTraining Diaries party has not notified you that it has filed an action against the Member regarding the alleged infringement. You also agree to forward a copy of the counter notice to Training Diaries. Training Diaries strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. Training Diaries is not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your Application.

17. Application Data
The Training Diaries Platform collects Application Data from Your Application and Members and general information about a User's use of Your Application. If you are a Application Creator or Administrator, you agree that your access to this Application Data and information (including registration information provided by Members during the registration process) as part of the management controls of Your Application(s) is subject to the Training Diaries Privacy Policy. In addition, subject to this Agreement, you may collect Application Data from Your Members; if you do so, you agree that such Application Data shall not be used in a manner inconsistent with, or that causes Training Diaries to violate Training Diaries's Privacy Policy.
If you are a Application Creator or an Administrator, you agree that your use and disclosure of Application Data shall: (a) comply with all applicable laws; and (b) be reasonably protective of each Member's privacy rights.
Subject to this Agreement and each Member's rights, all Application Data shall be the property of the applicable Application Creator. That being said, Training Diaries needs to run Your Application on the Training Diaries Platform. To this end, as a Application Creator, you hereby grant Training Diaries a nonexclusive, worldwide, transferable, fully paid-up, royalty-free right and license to (i) use, store, access, cache, publicly perform and display the Application Data on or through the Training Diaries Platform and in all current and future media in which the Training Diaries Platform may be distributed; (ii) use and disclose the Application Data and related analytics and metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Training Diaries Platform); and (iii) use Application Data for other purposes permitted by the Training Diaries Privacy Policy.
You acknowledge that Training Diaries may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Application. Accordingly, you agree that, within 24 hours of any email request by Training Diaries, you will: (a) delete all Application Data and personally identifiable information in your possession or control relating to a particular User as specified by Training Diaries; and (b) confirm such deletion in email notice to Training Diaries.
Training Diaries is not required to keep back-up copies of Application Data on the Training Diaries Platform once the Application or Application Data is deleted. Training Diaries makes no guarantee that Application Data will be safely stored on the Training Diaries Platform. To be safe, you should independently back-up or archive your Application Data.

18. Your Application
As an Application Creator, we want to give you as much freedom as possible to create and control the Training Diaries you build on the Training Diaries Platform. You may have your own agreement(s) or policies between you and each of Your Members, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy.
To enable a great experience for all Users on the Training Diaries Platform, if you are an Application Creator, you agree to ensure each Application you create or manage does not degrade the performance of the Training Diaries Platform. If your Application(s) exceed the quotas and limitations set by Training Diaries (e.g., storage or bandwidth) or otherwise degrades performance of the Training Diaries Platform or other services in any way, we may suspend your Application(s) at our sole discretion and without notice.
You agree not to harvest any email addresses from Training Diaries or the Training Diaries Platform for the purpose of sending email in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement.
You also agree not to knowingly collect any information from, or develop any Training Diaries that are targeted at children under the age of 13.
You acknowledge that Training Diaries may terminate the account of any Member (including Your Members) in accordance with these Terms and Conditions.
Your Application shall not be designed or implemented in a way that, as determined by Training Diaries, might mislead a User into believing that: (i) he or she is interacting directly with Training Diaries when interacting with Your Application or (ii) any part of Your Application was created by or are endorsed by Training Diaries. Because we want you to have as much freedom over your Application as possible, Training Diaries takes no responsibility for any Content located in Your Application and Training Diaries has no obligation to monitor such Content or Your Application.
You acknowledge that Training Diaries also reserves the right to remove, preserve, and disclose any information or Content on any Application (including Application Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of Training Diaries, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.
You acknowledge that Training Diaries may place third party web beacons or cookies in the footer of the pages of Your Application for the sole purpose of tracking anonymous website statistics, including traffic numbers and visitation patterns, about your Application. No personally identifiable information is transmitted by, or linked to, the web beacon or any cookies. These web beacons are commonly used by companies to understand visitation to their websites. For more information regarding passive data collection and what choices are available to you, please see our Privacy Policy.

19. Your Account
You need to register and create an account in order to become a Application Creator on the Training Diaries Platform or a Member of Application. You are responsible for keeping your account credentials and password secure. You agree to provide Training Diaries with current, complete and accurate information as prompted by the registration process. You agree to promptly update all information to keep your account on Training Diaries current, complete and accurate (such as noting a change in billing address or email). Generally speaking, account credentials are non-transferable, but Application Creators will have the ability to reset Member passwords in the event that a Member loses or can’t remember it. You will be solely responsible and liable for any activity that occurs under your account credentials. Training Diaries reserves the right to log off or deactivate Member accounts, including Your Application, that are inactive for an extended period of time.
When you create Your Application, Training Diaries gives you the flexibility to choose your own subdomain for Your Application (e.g.," yourname" in the example: http://yourname.Training Diaries.com) ("Application Subdomain"). You will be solely responsible and liable for any activity that occurs under Your Application's Subdomain. Training Diaries maintains ownership of your Application Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Application Subdomain on the Training Diaries Platform.
You may not use anyone else's account or Application Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. Training Diaries will not be liable for any loss that you may incur as a result of someone else using your account credentials, Application Subdomain or password, either with or without your knowledge. However, you may be held liable for losses incurred by Training Diaries or another party due to someone else using your account credentials, Application Subdomain, or password. In other words, please be careful with your identity and passwords.

20. Application Design
If as an Application Creator, you have provided any art assets or other intellectual property to Training Diaries to design, or assist you with designing Your Application (“Your Art Assets”) the following additional provisions will apply to you.
Your Ownership. As between Training Diaries and You, You own all right, title and interest, including all intellectual property rights, in and to Your Art Assests and any specific deliverable or work product created by Training Diaries for You (“Deliverables”); provided, however, that in no event shall the term Deliverables include any Training Diaries Tools. “Training Diaries Tools” means any Training Diaries Technology or trade secret, process, algorithm, invention, original works of authorship, development, design, improvement, patent, copyright or other intellectual property of Training Diaries which Training Diaries (a) developed or acquired previous to entering into a Application design engagement with You; (b) acquired after the commencement of a Application design engagement with You and independently of such design engagement or (c) developed either alone or in collaboration with others, separate and apart from any Application design engagement with You, and all derivative works based thereon. Training Diaries Tools shall also include any software, project management, design and development processes and productivity tools developed by Training Diaries, and of general applicability to Training Diaries’s business, whether or not prepared under the course of performance of a Application design engagement with You.
Training Diaries Ownership. As between Training Diaries and You, Training Diaries owns all right, title and interest, including all intellectual property rights, in and to the Training Diaries Tools and Training Diaries Technology and any derivative works or enhancements thereof. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in the Agreement. Any rights not expressly granted by Training Diaries herein are reserved to Training Diaries and its suppliers. Training Diaries acknowledges and agrees that a design engagement does not grant to Training Diaries any right, title or interest in any content, code, software, Member data or other materials delivered to Training Diaries by You in connection with a design engagement (“Your Design Materials”), except for the limited rights expressly set forth in these Terms and Conditions. Any rights not expressly granted herein, are reserved to each of the parties.
License Grant to You. Subject to the terms and conditions hereof, Training Diaries hereby grants to You, a non-exclusive, nontransferable, non-sublicensable worldwide, perpetual, royalty-free license, to use that portion of any Training Diaries Tools that are incorporated into any Deliverables solely in connection with Your use of Your Application(s) on the Training Diaries Platform. You shall not otherwise be entitled to use, license or commercially exploit the Training Diaries Tools and any such use may result in the revocation of the license rights herein.
License Grant to Training Diaries. During the course of your usage of the Training Diaries Platform, you hereby grant to Training Diaries a non-exclusive, worldwide, royalty-free, and transferable right and license, to use, access, cache, reproduce, publicly perform and publicly display Your Art Assets for the sole purpose of desigTraining Diaries Your Application and operating and making Your Art Assets available on the Training Diaries Platform and in all current and future media in which the Training Diaries Platform may now or hereafter be distributed or transmitted.

21. Disclaimer of Warranties
YOUR USE OF THE TRAININGDIARIES.COM PLATFORM, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE TRAININGDIARIES.COM PLATFORM, AND ALL APPLICATION CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-TRAININGDIARIES.COM CODE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE TRAININGDIARIES.COM PLATFORM, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE TRAININGDIARIES.COM PLATFORM, AND ALL APPLICATION CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-TRAININGDIARIES.COM CODE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRAININGDIARIES.COM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. TRAININGDIARIES.COM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE TRAININGDIARIES.COM PLATFORM, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE TRAININGDIARIES.COM PLATFORM OR ANY APPLICATION CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-TRAININGDIARIES.COM CODE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TRAININGDIARIES.COM PLATFORM OR THE SERVER THAT MAKES THE TRAININGDIARIES.COM PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRAININGDIARIES.COM MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE TRAININGDIARIES.COM PLATFORM OR YOUR APPLICATION (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR APPLICATION OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY NON-TRAININGDIARIES.COM CODE WITH ANY TRAININGDIARIES.COM TECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TRAININGDIARIES.COM PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAININGDIARIES.COM OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE TRAININGDIARIES.COM PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

22. Indemnity
You agree to indemnify, defend, and hold harmless Training Diaries, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable legal fees) arising out of or relating to:
•    Your Content, Your Application Data, Your Art Assets or Your Application;
•    Your use of any Non-Training Diaries Code or Third Party Applications;
•    Your use or misuse of, or connection to, the Training Diaries Platform or any services offered by the Training Diaries Platform;
•    Your breach or alleged breach of this Agreement;
•    Your violation of any rights (including intellectual property rights) of a third party;
•    Your use or misuse of any User data or Application Data, including, in violation of the Training Diaries Privacy Policy;
•    Your breach or alleged breach of any agreement or policy between you and other Users.
Training Diaries reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Training Diaries. Training Diaries will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

23. Your Interactions with Other Users
Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Member or Application Creator), Training Diaries is under no obligation to become involved.
You release Training Diaries, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users.

24. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL TRAININGDIARIES.COM OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TRAININGDIARIES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE TRAININGDIARIES.COM PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE TRAININGDIARIES.COM PLATFORM (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) £100 AND (ii) THE TOTAL AMOUNTS PAID TO TRAININGDIARIES.COM BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN TRAININGDIARIES.COM (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE TRAININGDIARIES.COM PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

25. Changes to Training Diaries Platform
Training Diaries reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Training Diaries Platform or any part thereof, including adding new features to any portion of the Training Diaries Platform, with or without notice. Training Diaries will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Training Diaries Platform or the Training Diaries Platform as a whole.

26. Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.trainingdiaries.com or elsewhere on the Training Diaries Platform. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Training Diaries Platform after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including Application Creator or Member) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.trainingdiaries.com or elsewhere on the Training Diaries Platform. The revised version will apply to you immediately if you are a User who registers or first uses the Training Diaries Platform on or after the posting of the revised version.

27. Term and Termination

Term
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Training Diaries Platform at any time and for no reason by contacting us at support@trainingdiaries.com or at the address set forth below in the "Contacting Training Diaries" Section.

Termination
Training Diaries has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Training Diaries Platform or any Application, (ii) remove and discard any Code or Content within any Application or anywhere on the Training Diaries Platform or (iii) shut down a Application, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
Effects of Terminating
Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your Application Data or Your Application(s). Training Diaries will not have any obligation to assist you in migrating your data, Your Content, Your Application Data or Your Application(s) off of the Training Diaries Platform and Training Diaries does not keep any back-up of any of Your Content or Your Application Data.
Survival

The following Sections will survive termination of these Terms and Conditions for any reason: Sections 1, 3, 4-9, 12-23, 26-30.

28. Governing Law
This Agreement shall be governed by the laws of the United Kingdom without regard to conflict of law principles.

29. Relationship of the Parties
The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that Training Diaries has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

30. General
The failure of Training Diaries to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You may not delegate your duties under this Agreement or assign this Agreement or your Training Diaries accounts, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. Training Diaries may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.
This Agreement, which incorporates the Other Training Diaries Terms, Training Diaries Privacy Policy and the Guidelines, constitutes the entire agreement between you and Training Diaries and governs your use of the Training Diaries Platform, superseding any prior agreements (whether written or oral) between you and Training Diaries regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.
The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
Training Diaries may provide you with notices, including those regarding changes to this Agreement or any of Training Diaries's terms and conditions, by email, regular mail, or postings on the Training Diaries Platform including the Training Diaries Blog, Creators Application and Developers Application. Notice will be deemed given twenty-four (24) hours after such email is sent or notice is posted. Notices not pertaiTraining Diaries to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the Training Diaries Platform) are deemed given two (2) days following the initial posting.

31. Contacting Training Diaries
You may contact Training Diaries in the following ways:

E-Mail:
support@trainingdiaries.com
Postal:
Training Diaries, 121 Lower Baggot Street, Dublin 2, Ireland.

 

Training Diaries  Privacy Policy

Effective: 1st November 2010

Training Diaries  ("Training Diaries", "we" or "us") is a technology service provider that provides a set of services and technology applications that enable users to create their own Training Diaries utilizing our technology platform (the "Training Diaries Platform"). Training Diaries is not involved in the management of Training Diaries on the Training Diaries Platform and is not involved in the decisions relating to the focus of Training Diaries or the Content uploaded or published to Training Diaries using the Training Diaries Platform. These are your Training Diaries and, as an Application Creator, you are responsible for managing them in all respects (including the actions, conduct, and Content of Your Members) in compliance with the Training Diaries Terms and Conditions.
We value your privacy, and we want to help make your experience on the Training Diaries Platform as satisfying and safe as possible. We have established this Privacy Policy to explain how Personal Information (as defined below) is collected on the Training Diaries Platform, and how that Personal Information is used and disclosed. "Personal Information" is information that allows a person to directly identify an individual, such as name or email address, and information that we combine directly with such identifying information. This Privacy Policy is incorporated into and is subject to the Training Diaries Terms and Conditions. Any capitalized terms not defined herein have the meaning set forth in the Training Diaries Terms and Conditions. By using the Training Diaries Platform, you expressly consent to the information handling practices described in this Privacy Policy.

1. How the Training Diaries Platform Operates
The Training Diaries Platform enables Users to create, join or browse Training Diary Applications. This Privacy Policy refers to social Training Diaries created on the Training Diaries Platform as "Training Diaries" and refers to Users who create Training Diaries as "Application Creators". Users who join an Application are "Members" of that Application. Application Creators are also considered Members of the Training Diaries they create.

2. Collection of Personal Information
In order to create an Application using the Training Diaries Platform, Application Creators must register for account credentials. When you register for account credentials, Training Diaries collects certain Personal Information, including your name, email address, and a password that you select. In addition, Application Creators choosing one of Trainingdiaries.com’s Product Plans must provide their credit card or other payment information and telephone number (for customer support purposes). Training Diaries or its third party payment providers use this Personal Information billing information solely to administer your services on the Training Diaries Platform and to process your transactions including your purchase of Training Diaries Product Plans, Support Services, and upgrades.
Application Creators might use the Training Diaries Platform to collect, use, and retain all information, including Personal Information and Application Data, that is disclosed and uploaded by Members in connection with their use of Training Diaries. “Application Data” means as all data collected from a Application or Member and includes registration information, profile data, answers to Application profile questions, all Content and other information contributed by Members, and statistical information and analytics relating to usage and interactions within the Application. When a User signs up to become a member of a Application, he or she is providing Personal Information to that Application's Application Creator and such Application Creator and its designated administrators will have access to all Personal Information and Application Data associated with any such Application. In addition, Application Creators will have the ability to reset Member passwords in the event that a Member loses or can’t remember it.
Application Creators might also collect additional types of Personal Information. For each Application you use, you should check with the Application Creator regarding its policies goverTraining Diaries its collection, use, and disclosure of Personal Information. Additionally, for each Third Party Application that you add to your Application or your profile, you should check with the Third Party Application Developer regarding its policies goverTraining Diaries its collection, use and disclosure of Personal Information.

3. Passive Data Collection
Like most web-based services, Training Diaries automatically receives and records information on our server logs from your browser when you use the Training Diaries Platform. We may use a variety of methods, including clear GIFs (also known as "web beacons"), and "cookies" to collect this information. The information that we collect with these automated methods may include, for example, your IP address, Training Diaries cookie information, a unique device or user ID, browser type, system type, the content and pages that you access on the Training Diaries Platform, and the "referring URL" (i.e., the page from which you navigated to the Training Diaries Platform).
We also use cookies on the Training Diaries Platform to recognize your account credentials, and to store references to your account credentials and session validators on your hard drive. We also include clear GIFs in some of our email messages in order to learn whether the messages are delivered and opened.
We use passively-collected information to administer, operate, and improve the Training Diaries Platform and our other services and systems, and to provide services and information that are tailored to you. If any information gathered through passive means by Training Diaries is combined with Personal Information, we treat the combined information as Personal Information under this Privacy Policy. Otherwise, Training Diaries uses information collected by passive means in aggregated or other non-personally identifiable forms.
Also, please be aware that other third parties, including advertising servers, advertising Training Diaries may set cookies or use other means of passively collecting information about your use of their services on the Training Diaries Platform. We do not have access to, or control over, these cookies or other means of passive data collection. You should consult the respective privacy policies of these advertising servers. We cannot control the activities of such third parties.

4. Third Party Advertisers
We allow other companies, called third-party ad servers or ad Networks, such as Google AdSense, to serve advertisements within Training Diaries on the Training Diaries Platform. These third-party ad servers or ad Networks may use technology to send, directly to your browser, the advertisements that appear within an Application on the Training Diaries Platform and they automatically receive your IP Address and other log file information when this happens. Such third-party companies may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content. Certain third-party companies, such as Google, may also use these cookies to serve ads to you based on your visit to these Training Diaries and other sites on the Internet.
We do not provide your Personal Information to these third-party ad servers or ad Training Diaries without your consent. However, please note that if an advertiser asks us to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience that they were trying to reach.
Additionally, if any Google AdSense advertisements are used by Training Diaries or Application Creators, you may opt out of Google's use of the DART cookie by visiting the Google ad and content Application privacy policy located here.
We reserve the right to add or remove third-party ad Networks and ad servers in our discretion. We may not at all times list such updated ad Application or ad server partners in this Privacy Policy.

5. Information Received From Third-Party Sources
We may also obtain information, including Personal Information, from third-party sources. This includes certain Personal Information that may be provided to us through the installation and use of Training Diaries Applications on third party web sites. If we directly combine information from other third parties with Personal Information that we collect on the Training Diaries Platform, we will treat the combined information as "Personal Information" and handle it in accordance with this Privacy Policy.

6. How Training Diaries Uses Personal Information
We may use Personal Information to operate, provide, improve, and maintain the Training Diaries Platform, and our other services and systems, and to develop new products and services; to prevent abusive and fraudulent use of the Training Diaries Platform and our other services and systems; to personalize and display advertisements (via our own advertising engine or server) and other content on the Training Diaries Platform; to send you administrative messages, and information about Training Diaries, content, and Training Diaries services in which we believe you may be interested; and for other administrative and internal business purposes.

7. When Training Diaries Discloses Personal Information
We do not sell or rent email addresses and other Personal Information. We do not share Personal Information with third parties except in the limited circumstances described in this Privacy Policy. Please be aware, however, that any information that you voluntarily choose to display on any publicly available portion of the Training Diaries Platform, or on any Application, becomes publicly available and may be collected and used by us or others without restriction.

•    Training Diaries Service Providers
We may provide Personal Information to third parties for their use in performing internal business functions (e.g., payment processing, maintenance, security, data analysis, email transmission, or data hosting) on our behalf.

•    Application Creators
The Application Creator and the designated administrators of that Application have access to all Application Data that is collected on a particular Application and are required to comply with applicable laws (e.g., CAN-SPAM) and not to use or disclose Personal Information in a manner that violates this Privacy Policy.

•    Training Diaries Affiliates
Although we currently do not have a parent company or any subsidiaries, joint venture partners, or other companies that we control or that is under common control with us (collectively, "affiliates"), we may in the future. We may share some or all of your Personal Information with our affiliates, in which case we will seek to require those affiliates to honor this Privacy Policy.

•    Legal Requirements
We may disclose Personal Information if we have a good-faith belief that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law. Additionally, we may disclose Personal Information where we, in good faith, deem it appropriate or necessary to prevent violation of the Training Diaries Terms and Conditions, or our other agreements; take precautions against liability; protect the rights, property, or safety of Training Diaries, any individual, or the general public; maintain and protect the security and integrity of our services or infrastructure; protect ourselves and our services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims or allegations; or assist government enforcement agencies.

8. Change of Ownership
In the event of a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all of your Personal Information, including email addresses, to that entity. We will use reasonable efforts to notify registered users of such a transfer (by a posting on our home page, or by email to a Member's email address that was provided to us, as chosen by us in our discretion).

9. Security
We use industry standard security measures to protect against the loss, misuse, and alteration of Personal Information under our control. Although we make good faith efforts to maintain the security of such Personal Information, we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration. Further, while we work hard to ensure the integrity and security of our Application and systems, we cannot guarantee that our security measures will prevent "hackers" or other unauthorized persons from illegally accessing or obtaining this information. We do not assume any liability to third parties whose information you include in your Address Book, or which you post or transmit in any Content on a Application. To help maintain the security of your account credentials, please keep your password secure.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Training Diaries Platform or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Training Diaries Platform. If a security systems breach occurs, we may post a notice on our homepage (www.trainingdiaries.com), or elsewhere on the Training Diaries Platform and may send email to you at the email address you have provided to us.

10. Children
The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personal Information through the Training Diaries Platform represents to us that he or she is 13 years of age or older. If we learn that Personal Information has been collected from a user under 13 years of age on or through the Training Diaries Platform, then we will take the appropriate steps to cause this information to be deleted.
If you are the parent or legal guardian of a child under 13 who has become a Member, please contact Training Diaries at support@trainingdiaries.com to have that child's account terminated and information deleted.

11. Your Choices
You may, at any time, update, correct, or delete certain categories of Personal Information that you have provided to us by signing in to your Application or the Training Diaries Platform and updating the Personal Information. Additionally, you may update, correct, or delete certain categories of Personal Information within your My Profile.
Members may also, at any time, elect to deactivate their membership within any Application on the Training Diaries Platform by visiting the My Profile page while signed in to a Application. If a Member leaves a Application that is governed by a separate privacy policy, the Application Creator may still maintain and use Personal Information that has been provided to that Application Creator in accordance with the Application Creator's privacy policies. Additionally, any User may terminate its account and end its use of the Training Diaries Platform at any time and for no reason by contacting us at support@trainingdiaries.com or at the address set forth below in the "Contacting Training Diaries" Section.
Additionally, even if you update or remove Personal Information that you have provided to us, your Personal Information may be retained in our backup files and archives for a reasonable period of time for legal purposes.

12. Email Communications and Unsolicited Commercial

Email
We may send you administrative messages, and updates regarding your account, the Training Diaries Platform, and our services, by email. Application Creators may also send administrative or promotional messages to the extent permitted by applicable law and the Training Diaries Terms and Conditions. Additionally, you can choose to opt-out of receiving messages from Training Diaries or an Application by following the directions on the bottom of the email message you receive.

The Training Diaries Terms and Conditions prohibit Users from engaging in any activity involving the sending of email in violation of applicable law, including CAN-SPAM and other laws regulating unsolicited commercial email. Violations of these policies may result in immediate termination of service and legal action against any senders or initiators of such messages.

13. Third-Party Services
The Training Diaries Platform, and Training Diaries, may contain links to websites and services provided by third parties. Any Personal Information you provide on third-party sites or services is provided directly to that third party and is subject to that third party's policies goverTraining Diaries privacy and security. We are not responsible for the content or privacy and security practices and policies of third-party sites or services. We encourage you to learn about third parties' privacy and security policies before providing them with Personal Information.

14. International Users
The Training Diaries Platform is hosted in Europe. If you use the Training Diaries Platform from any other region with laws governing data collection and use that may differ from European law, please note that you are transferring your personal data to the Europe. Europe does not have the same data protection laws as other regions. By providing Personal Information under this Privacy Policy, you consent to the use of Personal Information in accordance with this Privacy Policy and the transfer of your Personal Information to Europe.

15. Changes and Updates to This Privacy Policy
We may occasionally update this Privacy Policy. If we do, we will update the "effective date" at the top of the Privacy Policy. If we make an update to this Privacy Policy that is materially less restrictive in our use or disclosure of Personal Information that we collected prior to the update, we will provide you with prior notice of the pending update and seek your consent by posting notice on Training Diaries.com or by contacting you using the email address in your Training Diaries Profile. We encourage you to periodically review this Privacy Policy to stay informed about our collection, use, and disclosure of Personal Information on the Training Diaries Platform. Your continued use of the Training Diaries Platform constitutes your agreement to this Privacy Policy and any updates.

16. Contacting Us
If you have questions about this Privacy Policy, you may contact us in the following ways:

E-Mail:
support@trainingdiaries.com
Postal:
Training Diaries, 121 Lower Baggot Street, Dublin 2, Ireland.