Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
THESE TERMS WERE MOST RECENTLY UPDATED ON 12Th FEBRUARY 2014.
TERMS OF WEBSITE USE
These terms (together with the documents referred to in it) (these Terms) tells you the terms on which you may make use of our website mycelebritydiary.com (our site), whether as a guest or a registered user or to subscribe to our services. Use of our site includes accessing, browsing, creating an account or registering to use our site. Please read these Terms carefully and make sure that you understand them, before using our site or subscribing to our site. Please note that by using our site or ordering any of our services, you agree to be bound by these Terms and the other documents referred to in it. You should print a copy of these Terms or save them to your computer for future reference. If you think that there is a mistake or require any changes, please contact us. We do not agree any changes to these Terms unless we have confirmed them to you in writing.

We may amend these Terms from time to time as set out below. These Terms, and any contract between us, are only in the English language.

When we use the words "writing" or "written" in these Terms, this include e-mail.

If you do not agree to these Terms, you must not use our site or purchase or subscribe to any services from us.

You will only use our site if you are 13 or over.
OTHER APPLICABLE TERMS
These Terms refer to the following additional terms, which also apply to your use of our site:
  • Our Privacy Policy mycelebritydiary.com/Home/Privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing.
  • Our Cookie Policy [INSERT AS LINK TO COOKIE POLICY], which sets out information about the cookies on our site.
INFORMATION ABOUT US
mycelebritydiary.com is a site operated by Media OD Limited (We). We are a limited company registered in England and Wales under company number 07550605 and have our registered office at 3rd Floor, Crown House, 151 High Road, Loughton, Essex IG10 4LG.
CHANGES TO THESE TERMS
We may revise these terms of use at any time by amending this page.

By continuing to use our site and any services after we have made any changes, means you agree to these changes.

If you are a paid subscriber (see below), changes to any terms will not take effect prior to the expiry of the then current subscription period.

If you are a paid subscriber, please see the additional terms relating to changes to the subscription price below.

Whenever we revise these Terms we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
CHANGES TO OUR SITE
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date We do not guarantee that our site, or any content on it, will be free from errors or omissions or contain exclusive content and we are under no obligation to update it.
ACCESSING OUR SITE
Certain content on our site is only available to subscribers. Details of the terms of subscribing to our services are set out below.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

We reserve the right to add, change, suspend or discontinue the service, or any aspect or feature of the service, without notice or liability whether generally or to any particular user or group of users.

You are responsible for:
  • making all arrangements necessary for you to have access to our site at your own cost;
  • ensuring that all persons who access our site through your internet connection and registration details are aware of these Terms and that they comply with them;
  • ensuring that you comply with all applicable laws and regulations.
YOUR ACCOUNT AND PASSWORD
You are able to register an account on the site. You must make sure only you use your account as you are responsible for all activities that occur under your account with or without your knowledge.

You agree to provide and maintain (updating whenever it becomes untrue or inaccurate) true and accurate information requested by the site.

If you provide any information that is untrue or inaccurate or do not update it, we have the right to suspend or terminate your account and refuse your use of the site.

If you choose, or you are provided with any password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for maintaining the confidentiality of your account.

We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time.

If you know or suspect that anyone other than you knows your password you should change it immediately and notify us in writing.
INTELLECTUAL PROPERTY RIGHTS
We or other third parties are the owner of all intellectual property rights in our site (including all copyright material, software, the look and feel of the site, the compilation, assembly and arrangement of the materials of the site or parts of it, images, graphics, layout, text, images, audio, video, data, logos, domain names, trademarks, trade names and other material).

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the following: (a) the portions of the site that are freely accessible from the site; and (b) such other portions of the site accessible on a subscription basis, provided that you have paid the applicable fees and satisfied all applicable conditions. The license is (i) solely for your personal, non-commercial use; and (ii) subject to your compliance at all times with these Terms.

You may download extracts, of any page(s) from our site for your personal use as part of the usual functions of a computer when browsing the Internet.

You agree not to (and not to attempt to): (i) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the site or any portion of the site, except as expressly permitted in these Terms; or (ii) use the site for any use or purpose other than as expressly permitted by these Terms.

We do not grant you any licenses or rights except for the licenses and rights expressly granted in these Terms.

We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes. The content on our site is provided for general information and entertainment purposes only.
LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. You expressly agree that use of the site and subscription service is at your sole risk and is provided on an “as is” basis without warranties of any kind, either express or implied, including implied warranties of non-infringement, merchantability or fitness for a particular purpose.

Without limiting the foregoing, neither we nor our officers, employees, agents, shareholders, service providers, third-party content providers, distributors, licensees or licensors warrant that (a) the service will meet your requirements or (b) the site or its content will be accessible to you or (c) the operation of the site will be uninterrupted, timely, secure or error-free or that errors will be corrected.

Neither we nor our officers, employees, agents, shareholders, service providers, third-party content providers, distributors, licensees or licensors will be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
Neither we nor our officers, employees, agents, shareholders, service providers, third-party content providers, distributors, licensees or licensors have any liability to you for any loss of profit or income, loss of business, business interruption, or loss of or missed business opportunity or any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into any agreement with you.

To the fullest extent permitted by law, neither we nor our officers, employees, agents, shareholders, service providers, third-party content providers, distributors, licensees or licensors shall be responsible to you for any indirect, incidental, consequential, special, exemplary, punitive or other damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses, arising out of or relating in any way to these Terms or the site, whether based on warranty, contract, tort (including negligence), breach of statutory duty or otherwise and whether or not we or any of them has been advised of the possibility of such damages.

Neither we nor our officers, employees, agents, shareholders, service providers, third-party content providers, distributors, licensees or licensors will be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

Except for fraud or where our negligence causes death or personal injury, we will not pay more than £300 or 150% of the charges in the previous 12 months, whichever is higher, for each claim or a series of related claims.

Neither we nor our officers, employees, agents, shareholders, service providers, third-party content providers, distributors, licensees or licensors are responsible for any delay in operation or transmission, communications line failure or technical malfunction of any telephone networks or traffic congestion on the Internet or on our site.

We are not responsible for the conduct of users on the site or off the site.

If you are a consumer, the terms of this agreement will not affect any rights which you may have under any law and which we cannot exclude under any agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. As a consumer, you have legal rights in relation to services that are faulty or not as described. Advice in the United Kingdom about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

The information and content on the site are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
THIRD PARTY MATERIAL AND LINKS
We assume no responsibility for the content of websites linked to on our site or content obtained from third party sites such as Twitter. Such links and contents should not be interpreted as endorsement by us of those linked websites or content. We assume no responsibility to monitor those websites or content. We will not be liable for any loss or damage that may arise from your use of them.

We assume no responsibility for advertising on our site or websites that are linked to on our site. By accessing information on our site and/or subscribing, you may as part of that access or subscription receive advertising and marketing material promoted by or on behalf of celebrities.

Your use of the site is at your own risk and agree that by using the site, you may be exposed to user or third party content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree to bear all risks associated with, the use of any user content or third party available in connection with the site.
UPLOADING CONTENT TO OUR SITE – USERS WHO HAVE ENTERED INTO A CELEBRITY AGREEMENT WITH US
You will retain ownership and all copyright and other rights in content that you upload to our site although you give us a limited licence to display that content on our site and make it available to our users. You may remove any content at any time at your sole discretion. Other terms relating to the content that you may upload to our site are set out in a separate agreement with us.

However where you comment on content uploaded by other users of our site, the provisions in the next section will apply to those comments.
UPLOADING CONTENT TO OUR SITE – USERS OTHER THAN CELEBRITIES WHO HAVE ENTERED INTO A CELEBRITY AGREEMENT WITH US
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, or to post comments on our site, you must comply with the content standards and other requirements set out in these Terms.

You warrant that any such contribution does and will comply with those standards, and you will be liable to us and indemnify us and our officers, employees, agents and shareholders for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. You also agree to indemnify, defend and hold us and our officers, employees, agents and shareholders harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees and court costs) arising from (1) information and content submitted, posted or transmitted by you (or anyone accessing the site using your account) through the site, (2) your (or anyone accessing the site using your account) use of the site, (3) your (or anyone accessing the site using your account) violation of these Terms, and (4) your (or anyone accessing the site using your account) violation of any rights of any other person or entity. We reserve the right, at your expense, to assume the exclusive defence and control of any indemnified matter and you agree to cooperate with us for that purpose.

Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the worldwide, sub-licensable, perpetual, transferable, non-exclusive, royalty free licence, right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on or content you upload or submit to our site without notice for any reason, including the violation of these Terms, or for no reason, at any time.

We are not responsible for the conduct, whether online or offline, of any users of the site. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have no obligation to accept, display, review, monitor, maintain or otherwise exploit any such content.

The views expressed by other users on our site or from other third parties such as Twitter do not represent our views or values.
PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • For any commercial purpose including the raising of money, operation of pyramid schemes, market research, competitions, advertisements, trade or the sale of products or services. However if you have entered into a celebrity agreement with us you are under no restriction from using our site for your commercial purposes in connection with content that you upload as more particularly set out in the celebrity agreement with us. This includes tweeting and Facebook cross posting.
  • Not attack our site via a denial-of-service attack or a distributed denial-of service attack.
You also agree:
  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms.
  • Not to collect screen names and/or email addresses of site users and/or any other data or content from the site by electronic or other means (including automated web crawlers and spiders).
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.
CONTENT STANDARDS
The following content standards apply to any and all material which you contribute to our site, and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter as well as any other provisions of these Terms. The standards apply to each part of any contribution as well as to its whole.

Contributions must:
  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade or breach another’s privacy or human rights, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  • Solicit personal information from anyone under 18.
  • Provide any telephone numbers, street addresses, email addresses or other contact details of any public figure.
VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses. You should use your own anti-virus software.
LINKING TO OUR SITE & POSTING TO OTHER SOCIAL MEDIA
You may link to any page of our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.
YOUR OTHER OBLIGATIONS
You shall monitor your account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorised use of your account by minors. You are responsible for any use of your credit card or other payment instrument by minors.

You shall not rent, lease, sell, trade or otherwise transfer your account to anyone without us first obtaining prior written permission.

You shall not use the site to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual.

You shall not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

You shall not create an account by automated means or use any other user’s account for any purpose, including to circumvent a suspension or ban.

You shall comply with all applicable laws or other rules regarding the transmission of technical data exported from the United Kingdom or the country in which you reside. You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; and (ii) you are not listed on any us government list of prohibited parties.

You shall not agree to use the site or any portion of the site to commit actions that we consider, in our sole discretion, to be detrimental in any way to the site or to any user’s enjoyment of the site.
APPLICABLE LAW
These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
SUBSCRIBING TO OUR CONTENT
Certain of the content on our site is accessible only to users who have taken out a paid subscription to our site. Subscriptions last for the period that you initially subscribe for and are automatically extended for the same period at the expiry of the previous subscription period unless you cancel them before the commencement of the new period by following the cancellation procedure here < insert link >.

Every time you subscribe to content from us or the subscription is extended, the Terms in force at that time will apply to the contract between you and us.

If you do not pay us for the subscription when you are supposed to we may suspend the subscription services with immediate effect until you have paid us the outstanding amounts.
HOW THE CONTRACT FOR SUBSCRIPTION SERVICES IS FORMED BETWEEN YOU AND US
In order to subscribe to our subscription services, you will need to select the relevant subscription(s) that you wish to subscribe to by following the instructions on the subscription page and agree to pay the corresponding to fees.

Our subscription process allows you to check and amend any errors before subscribing. Please take the time to read and check your order at each page of the order process.

When you submit the order to us, this does not mean we have accepted your order for subscription services. Our acceptance of the order will take place when we email you confirming the order. If we are unable to supply you with the subscription services, we will inform you of this in writing and we will not process the order.

We will confirm your subscription by sending an email to you. The contract for the subscription between us will only be formed when we send you this email.
RIGHTS TO CANCEL
If you are a consumer, you have a legal right to cancel a contract for the subscription services from the date we email you confirming the subscription until the earlier of when the subscription services start being provided and 7 working days (i.e. excluding Saturdays, Sundays or public holidays). However this right ceases once you start to use the subscription service.

To cancel a service as permitted above, please contact us in writing to tell us by sending an e-mail to [email protected]. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. You will receive a full refund of the price you paid for the services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation. We refund you on the credit card or debit card used by you to pay.
PRICE OF SUBSCRIPTION SERVICES
The prices of the subscription services will be as quoted on our site from time to time.

Prices for our services may change from time to time, but changes will only apply after we notify you of the change or at the end of the then current subscription period if later. You agree to pay the subscription fees incurred in connection with your screen name and password for the subscription service (including any applicable taxes) at the rates in effect when the charges were incurred.

The price of any services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

It is always possible that, despite our reasonable efforts, some of the services on our site may be incorrectly priced.

If we discover an error in the price of the services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the services to you at the incorrect (lower) price.

HOW TO PAY
Details of the method of payments are set out in the appropriate section when you order subscriptions from us.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us to:
  1. provide the site and where applicable subscription services to you;
  2. process your payment for such services; and
  3. inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
We will not give your personal data to any third party for marketing purposes unless you have opted in for this but we may use your personal data for the purpose of providing targeted advertising. In addition, as referred to above, by accessing information on our site and/or subscribing, you may as part of that access or subscription receive advertising and marketing material promoted by or on behalf of celebrities. Please note that by agreeing to view and/or subscribe to any content on our site, we will disclose your personal data to the providers of that content who may (and whose) staff may have access to your personal data. This is an integral part of our system. They will use this data only for the purpose of blocking postings on their streams if they wish to do so. Your personal data may be exported outside the European Economic Area.
SUSPENSION AND TERMINATION
We may with or without notice terminate this agreement and your use of the site or suspend your use of the site at our discretion at any time. This may include deleting your account and any content you have provided to the site. You may terminate this agreement and your use of the site by giving notice to us. We may also terminate any subscription without necessarily terminating our agreement with you.

Where we terminate your subscription service prior to the expiry of a then current monthly subscription period, unless this is because of your breach of these Terms, if you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

In addition, to our rights of termination, we will determine, in our discretion, whether there has been a breach of these Terms. When a breach of these Terms has occurred, we may take such action as we deem appropriate which may result in all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use our site or parts of it.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
These responses are not limited, and we may take any other action we reasonably deem appropriate.

These Terms will remain effective until terminated. You agree that the following sections of these Terms will survive any termination of these Term: our Privacy Policy, Your Account and Password, Intellectual Property Rights (other than any licence in that section), Limitation of our Liability, Third Party Materials and Links, Uploading Content to our Site, Prohibited Uses, Content Standards, Viruses, Your Other Obligations, Applicable Law, How We May Use Your Personal Information, this section, Other Important Terms and any other provision that is needed for the interpretation of these Terms.
OTHER IMPORTANT TERMS
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations for reasons outside of our reasonable control and our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.

If you wish to contact us, you can send this to us by e-mail to [email protected].

Any phrase introduced by the terms “including”, “include”, “in particular” “such as” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

We may transfer our rights and obligations under any agreement with you to another organisation, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

Our agreement with you is between you and us. No other person other than our officers, employees, agents, shareholders, service providers, third-party content providers, distributors, licensees or licensors shall have any rights to enforce any of its terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

We will not file a copy of the Contract between us.

These Terms and the documents referred to in it, constitute the entire agreement between you and us with respect to your use of the site and any other subject matter of these Terms, supersede all prior understandings of the parties, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.