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TAC'S: Terms and Conditions Mydiem ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS This service is provided by Mydiem for use by diarists, readers and other visitors to the www.mydiem.com Web site (collectively known as "Users"). This page states the Terms and Conditions under which you, as a User, may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Web Site. MODIFICATIONS TO TERMS OF SERVICE Mydiem may change the Terms and Conditions of service from time to time. It is your responsibility to check this document periodically for any changes or modifications as there will be no individual notices to Members regarding such changes or modifications. Your continued use of the Service constitutes an affirmative acknowledgement by you of the Terms and Conditions and any subsequent modifications made to them and your agreement to abide and be bound by them. REGISTRATION In order to use services offered by Mydiem, you must register. By registering, you accept the Terms and Conditions stated here and you agree to: provide true, accurate, current and complete information about yourself as prompted by the registration form and maintain and promptly update the Data to keep it true, accurate, current and complete. Should Mydiem have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mydiem reserves the right to suspend or terminate your account. DESCRIPTION OF SERVICE (1) Mydiem provides registrated Members options to keep a diary with publishing at http://www.mydiem.com or to use a private diary only you can read. Private diaries will not appear in public lists and therefore will be safe for unintentional reading. Public diaries will be published with entries, book dates, reader mails and author dates. (2) All user (unregistered included) have the possibility to list public diaries by entries, authors. At this the real identity of authors will not be exposed. Readers can use a service to get an e-mail by every new entry of a special author. Furthermore readers can write messages (public or private) to authors, which can be deleted by these authors. (3) By using the option ?Poetry Slam? authors can choose some of their own entries to enter the Poetry Slam contest. Readers can vote with a rose the chosen entries in several rounds of the contest. The entry with the most roses wins. RESPONSIBILITY AND COPYRIGHT OF CONTENTS AND INFORMATION?S (1) The material available on this site may contain inaccuracies or typographical errors. Mydiem makes no representations about the accuracy, reliability, completeness, or timeliness of all contents and statements. (2) Mydiem is, in citation of ? 11 TDG (Law of Telecommunication of the Federal Republic of Germany), not responsible for any contents, except in case Mydiem would know about unlawful acts or information?s and, in case of claim for damages, know about the circumstances, on which these acts and information?s get obvious that they are unlawful, or in case Mydiem would not remove information?s or to ban the access by noticing the violation immediately. (3) All contents of the sites by Mydiem are copyrighted. It is - only for private use - allowed to use content without a special permission of Mydiem, but only under usage of the source link. Usage for commercial purposes of on Mydiem published content?s and information?s without the prior written permission of Mydiem is strictly prohibited. Liability, Rights, Duties of the carrier (1) The carrier is not liable for contents of the registration and for thereby possible caused damages or losses. Further the carrier can be made neither responsible for incorrect data in the registrations of the users, or for technically reasoned transmission delays or losses. (2) The carrier is not liable for the possible abuse of information. The information?s made available by the users is not examined and does not have to correspond to the truth. (3) Mydiem dissociates itself expressly from contents of all sides, to which direct or indirect references (so-called "links") are offered from the sites of Mydiem. Mydiem is not liable for these contents and sides. For contents of these sides the offerers of the respective sides themselves are responsible. (4) The carrier reserves itself the right not to accept registrations, to exclude individual users from the community, if this is in the interest of the users or their behaviour does not correspond to the conditions specified here. The acceptance or refusal of a registration is incumbent on only and alone the carrier. Furthermore the carrier has the right to delete email-addresses in the automatic message service for new entries of an author without indication from reasons, in case on suspicion on falsified and invalid email addresses. Mydiem has the right to examine contents, to repel, to delete, to change or suspend, if the suspicion of unlawful contents exists. The suspicion can result in particular from official or police references and determinations or also by a dissuasiveness by third. Same applies if Mydiem gets aware of appropriate contents in the context of own activity. The appropriate member is about the rejection, deletion, change, or blockage to inform immediately. Mydiem is entitled to already exclude members after first spreading from unlawful contents of the use of the service Mydiem. The carrier is beyond that entitled to set individual public diaries without data of reasons on private status if the carrier see?s this as necessary. (5) Personal data, which the authors write at the service, will be used or revealed only in the context of the regulations described here. The carrier is entitled to communicate thirds "group-related data" and "personal data", that becomes acquainted with the continuing personal use of the member. Group-related data are details which describe habits, use pattern and/or the use demography of the members as group, which do not describe the behavior of an individual member or reveal its identity. Personal data are details which describe a member, in a way how they differ from other members, but not in a form, which identifies a member personally. Third can be carriers of other internet sites or other service offerers of the carrier, that use the data of the members only in the sense of the user to obtain the profile of the member to new or other members if the respective member contradicts that not expressly. (6) Mydiem reserves the right to disable the account, if the storage volumina is exceeded, until the user has paid the fee for a bigger storage volumina account. (7) Mydiem reserves the right to terminate an account and give the username to another user, if the user has not done entries one year ago. (8) Mydiem reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Mydiem shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service. (9) Mydiem does not currently run advertisements or promotions from third parties on Mydiem journals or common areas of the Mydiem website. However, Mydiem reserves the right to run advertisements or promotions (or both) on any part of Mydiem without prior notice or recompense to you or any other user. The mode, manner and extent of advertising on Mydiem are at the sole discretion of Mydiem and are subject to change at any time. You agree that Mydiem shall not be responsible or liable for any loss or damage incurred as the result of any advertising or promotions. Liability, rights, obligations of the registered member (author) (1) The author is all alone responsible for contents of its registration and thus for the information, which he makes available over itself, however. By the registration with Mydiem the author explains itself in agreement to receive from other participants of this service messages to the establishment of contact. A further care of the contact is incumbent on the receiver of the messages. (2) Each member is obligated to treat e-mails and other messages confidentially and not to make these accessible to third without agreement of its author. Same applies for names, addresses, e-mail addresses and/or URLs. (3) Each member is obligated to release the carrier of any adhesion and of all obligations, expenditures and requirements, which itself from damage because of libel, offence, injury of personality rights, which result in injury of immaterially goods or other rights. Same applies to expenditures and damage, which in all other respects result from the registration of the member and/or from the participation of the member at the service Mydiem and from an violation against these regulations. (4) Furthermore each member commits itself not to use the service abusively, in particular: ? not to upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, such contents are deleted immediately and the membership of the author is terminated. * not to use the service, in order to threaten others to harass or to hurt the rights (including personality rights) of others * not to upload, post or otherwise transmit any data, which including software or other material, which is in copyright matters protected, excluded, the user has the rights or the necessary agreement; and not to use it in a way that the availability of the offers for other members unfavourably affect. * to send messages to members for no other purpose than personal communication * to send no messages, which serve a commercial purpose (for example to offering goods or services to other members) Mydiem reserves the right to terminate at anytime, and without notice, the account of any user deemed by Mydiem to be in violation of the letter or spirit of these terms. Warranty for defects The carrier does not ensure the all time normal operating of the services, furthermore the carrier is not responsible for the unauthorized knowledge by third of personal data of users. The carrier is not liable also for the fact that data and information, which the user made accessible third are abused by these. The carrier can stop at any time, without indication of reasons and without report obligation opposite the user, this service totally or partly. In case of suspension services of www.mydiem.com the user does not have a requirement on availability and maintenance of his data and wrote contents. The carrier is not responsible for the loss of data caused by technical problems and server failure. Consequences from neglecting the behaviour obligations The neglection of one of the above behaviour obligations can result in an immediate abrogation of the membership and can have penal consequences and consequences according to the civil law for the user. The annuity already paid is not returned in this case. In the case users misuse the services, for example for collecting E-Mail addresses for usage for economical purposes or mass mailing, the respective user commits itself to pay an appropriate use remuneration to the carrier. Prices and payment (1) The use of Mydiem as a reader is free of charge, likewise the use as an author for one period of one month after registration. At expiration of this month is to pay per author per year with a volume of data of up to 4MB per year (approximately 1000 corresponds Sides of written text) a member annual fee of 4 EUR per year and with a volume of data of > 4 MB a member annual fee of 10 EUR. The payment is due at expiration of the first month after registration, and/or after excess of the volume of data of 4MB with one period of 2 weeks. (2) The payment will be done by credit card with the help of the Payment Providers www.paypal.com. No credit card data will be stored on a Mydiem server. All modes of payment are made by Paypal. A bill for the payment will be send to the user by E-Mail (to the email address of the user account). (3) Could the load of the credit card not take place, for example because the credit card data is not registered, is incorrectly or the card is valid no longer, a request for the correction of the credit card data by E-Mail to the indicated E- Mail address and at the Mydiem account will be dispatched. If the credit card cannot be loaded thereafter within 2 weeks with the appropriate amount, the user gets a request for correction again by E-Mail to his E-Mail address and the account of the respective user becomes closed (logging in is not possible any longer, and the data are not visible any longer). If a load is possible within the next 2 weeks, the account will be activated by Mydiem again within one week. Could the load not take place within a month to the point of date of payment, the account will be completely deleted, a reactivation is not possible any longer then. (4) The membership extends automatically by a further year. The user can at any time finish the membership by sending the notice to the carrier at the latest 4 weeks before expiration of its member period by E- Mail under indication of his author name and password. Annuities already paid for a year of membership will not be returned in case of abnormal termination. (5) Mydiem is entitled to change the prices at any time after written advance notice under adherence to a period from 6 weeks. The changed price applies, if the user does not contradict the changed price within six weeks after entrance of the revision modification. The contractual relation is then continued at the changed condition/ prices. If the user contradicts in time, both parties have the right to quit the contract with one period from one month to the end of the month. As far as expressly differently does not agree, the prices are fixed prices. (6) The user can only also of Mydiem recognized or validly determined demands to up-count and/or by it a right of lien support. The transfer of requirements of the user against Mydiem to third is impossible. DATA SECURITY AND -PROCESSING Hereby the carrier informs in accordance with ? 33 Abs. 1 BDSG (Data security law of the Federal Republic of Germany) as well as ? 4 Teledienstedatenschutzgesetz (Data security of telecommunications law of the Federal Republic of Germany) that the data of the members are processed in machine-readable form by machine. Furthermore data over the user are stored with the assistance of so-called Cookies on the computer, with which the user visits the sides of the carrier, in order it to later identification (mirroring of data). Although these data are stored, the carrier cannot guarantee that the identity of a user or a member can be determined. In the case civilian or criminal process by or against a user can only this, by whom users brought in data are made available. Mydiem commits itself, which for the payment of membership dues necessary data third, which do not have to be included not necessarily for the exchange (banks), to make available. FINAL CLAUSES (1) Verbal special agreements between the parties are ineffective. Deviating one or supplementing conditions as well as changes of these Terms and Conditions including this writing clause apply only, if they are confirmed in writing by both parties. (2) For the relations between the career and the user the right of the Federal Republic of Germany under exclusion of international private law applies. (3) If regulations of these Terms and Conditions should be or the remaining agreements between the carrier and the user totally or partly ineffective or become, the effectiveness of the remaining regulations is thereby not affected. The parties commit themselves for this case to replace the invalid regulation by an effective regulation which comes the economic purpose of the invalid regulation if possible close. Appropriate applies to a contractual gap.

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		What happens with my account data here?

		We need one part like your address data only for statistical usage. Other parts like your name, gender, age and the country where you come from are displayed in the profile page (available through click on a nickname in one of the list in the public area), to show other users who is the person behind the writings. With the motto field, you can personalize your profile page if you describe more about you in there. If you fill out the "Link to picture" with a valid link like: http://www.myhomepage/mypicture.jpg, this picture will apear on your profile page. The size of this picture should be 100x100. If you fill out the "Link to homepage" field, this link will appear in your profile page. Check your timezone settings to be sure that your entries are safed with your local time (time will be displayed in the "Newest Entries List")