Journal 4U App Terms of Use
Legal Information & Notices
Ownership of App; Agreement to Terms of Use
These Terms and Condition of Use (the “Terms of Use”) apply to the Journal 4U app that is available in App Store® and/or App Store, and all associated stores linked to Apple® and/or Apple Inc., its subsidiaries and affiliates, including Apple stores around the world (collectively, the “App Store”). Journal 4U app is the property of Kaviraja s/o Nalla Mutthu Krishna Gandi (“Kaviraja”). BY USING JOURNAL 4U APP, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE JOURNAL 4U APP.
Kaviraja reserves the right, at his sole discretion, to add, remove, change, or modify some portions of these Terms of Use, at any time. It is your responsibility to monitor these Terms of Use periodically for any changes. Your continuous usage of the app following the changes will mean that you agree and accept to the changes. As long as you comply with these Terms of Use, Kaviraja grants you a limited, non-exclusive, personal, non-transferable privilege to download, open and use the Journal 4U App.
Content
All visual interfaces, colors, text, graphics, user interfaces, logos, photographs, computer code, application code and trademarks (collectively, “Content”), including but not limited to the “look and feel”, structure, design, selection, expression, coordination and arrangement of such Content, contained on the App is owned, controlled or licensed by or to Kaviraja, and is protected by copyright, patent and trademark laws, trade dress, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the App and no Content may be publicly displayed, republished, uploaded, copied, posted, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other application, web site, server, computer or other publication medium or distribution or for any commercial enterprise, without Kaviraja’s express prior written consent.
Your Use of the App
You may not use any “app-scrape”, “page-scrape”, “robot”, “deep-link”, “spider” or other automatic program, device, algorithm or methodology, or any similar or equivalent manual process, to acquire, copy, access or monitor any portion of the App or any Content, or in any way reproduce or circumvent the navigational presentation or structure of the App, to obtain or attempt to obtain any documents, codes, materials or information through any means not purposely made available through the App. Kaviraja reserves the right to bar any such activity.
You would not attempt to gain unauthorized access to any codes, features or portion of the App, or any other networks or systems connected to the App or to any Journal 4U server, or to any of the services offered on or through the App, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the App or any network that is connected to the App, nor breach the authentication or security measures on the App or any network connected to the App. You may not trace or seek, reverse look-up to trace any information on any other user of the App, or any other customer of Journal 4U, including any Journal 4U account not owned by you, to its source, or exploit the App or any information or service made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal information or identification, other than your own information, as provided for by the App.
You agree that you will not take any action that may imposes disproportionately or unreasonable large load on the infrastructure of the App or Journal 4U’s networks or systems, or any networks or systems connected to the App or to Journal 4U or to Apple® and/or Apple Inc.
You agree not to use any software, device or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person’s use of the App.
You may not forge headers or manipulate identifiers in order to disguise the origin of any transmittal or message you sent to Journal 4U on or through the App or any service offered on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the App or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kaviraja or others.
Purchases and Subscription; Other Terms and Conditions
Additional terms and conditions may apply to purchases or subscription of services or goods to the specific features or portions of the App, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you have reached sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the App or for any service offered on or through the App, the latter terms shall control with respect to your use of that portion of the App or the specific service.
Kaviraja’s obligations, if any, with regard to Journal 4U app products and services are governed solely by the agreements pursuant to which they are provided, and nothin on this App should be construed to alter such agreements.
Kaviraja may make changes to any products or services offered on the App, or to the applicable prices for any such products or services, at any time, without notice. The materials on the App with respect to products and services may be out of date, and Kaviraja makes no commitment to update the materials on the App with respect to such products and services.
Subscription can be cancelled anytime, journal data will be kept in your iCloud account unless all journal data are deleted by you. Subscription charges will automatically renew unless auto renew is turned off at least 24-hours before the end of the current period. Auto-renewal of subscription can be turned off or managed in Account Settings as well. Your account will be charged for renewal automatically within 24-hours prior to the end of the current period and will be charged to iTunes account upon confirmation of purchase. Any unused portion of the free trial period will be forfeited once changes are made to the subscription.
Accounts, Passwords and Security
Certain service or features offered on or through the App may require you to login to your iCloud® and/or iCloud account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Apple® and/or Apple Inc. immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Apple® and/or Apple Inc., Kaviraja, or any other user of or visitor to the App due to someone else using your iCloud account, password, or account as a result of your failing to keep your account information secure and confidential.
You may not use someone else’s iCloud account, password or account at any time without the express permission and consent of the holder of that iCloud, password or account. Apple® and/or Apple Inc. and Kaviraja cannot and will not be liable for any damage or loss arising from your failure to comply with these obligations.
Privacy
Journal 4U’s Privacy Policy applies to use of this App, and its terms are made a part of these Terms of Use by this reference. By using the App, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the App may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, journal content or credit card information) is encrypted.
Links to Other Websites and to the Journal 4U Websites
This App may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Websites are provided solely as a convenience to our users. Such linked sites are not under Kaviraja’s control, and Kaviraja is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.
Disclaimers
KAVIRAJA DOES NOT PROMISE THAT THE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. KAVIRAJA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KAVIRAJA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KAVIRAJA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP AND/OR ANY JOURNAL 4U SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST JOURNAL 4U FOR DISSATISFACTION WITH THE APP OR ANY CONTENT IS TO STOP USING THE APP OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, omission, deletion, error, defect, delay in transmission or operation, computer virus, device virus, communication line failure, destruction or theft of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Kaviraja reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App, or any portion of the App, and any applicable terms or policies; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Kaviraja be liable to you for any consequential, incidental, indirect, exemplary or punitive damages, including lost profits, even if Kaviraja has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Kaviraja is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the App or any Content, Kaviraja’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the App paid in the six months prior to the date of the initial claim made against Kaviraja, or (2) US$25.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Kaviraja, his officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Kaviraja by any third party due to or arising out of or in connection with your use of the App.
Violation of These Terms of Use
Kaviraja may disclose any information he have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Kaviraja’s rights or property, or the rights or property of visitors to or users of the App, including Kaviraja’s customers. Kaviraja reserves the right at all times to disclose any information that Kaviraja deems necessary to comply with any applicable law, regulation, legal process or governmental request. Kaviraja also may disclose your information when Kaviraja determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Journal 4U app may preserve any transmittal or communication by you with Kaviraja through the App or any service offered on or through the App, and may also disclose such data if required to do so by law or Kaviraja determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Kaviraja, his employees, users of or visitors to the Site, and the public.
You agree that Kaviraja may, in his sole discretion and without prior notice, terminate your access to the App and/or block your future access to the App if he determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the App. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Kaviraja, for which monetary damages would be inadequate, and you consent to Kaviraja obtaining any injunctive or equitable relief that Kaviraja deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Kaviraja may have at law or in equity.
You agree that Kaviraja may, in his sole discretion and without prior notice, terminate your access to the App, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the App or any service offered on or through the App, or (4) unexpected technical issues or problems.
If Kaviraja does take any legal action against you as a result of your violation of these Terms of Use, Kaviraja will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Kaviraja. You agree that Kaviraja will not be liable to you or to any third party for termination of your access to the App as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Kaviraja and you arising out of or in connection with your use of the App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Kaviraja administers and operates the Journal 4U app from his location in Selangor, Malaysia. Although the App is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the App are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Kaviraja reserves the right to limit, in his sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the App is void where prohibited. If you choose to access the App from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the App, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Kaviraja with regard to your use of the App, and any and all other written or oral agreements or understandings previously existing between you and Kaviraja with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Kaviraja, Kaviraja will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Kaviraja’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Kaviraja of any provision or any right he has to enforce these Terms of Use, nor shall any course of conduct between Kaviraja and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Journal 4U app provides access to international audiences and, therefore, may contain references or cross references to Journal 4U products, programs and services that are not announced in your country. Such reference does not imply that Journal 4U app in your country intends to announce such products, programs or services. Journal 4U app are best experienced with English language. However, Kaviraja wants everyone to experience journaling in their native language. Hence, translator program are used to localize Journal 4U app and the translation might not be accurate. Please contact Journal 4U via Settings > Contact Us menu if there are any discrepancy in your local language.
Feedback and Information
Any feedback you provide to this app shall be deemed to be non-confidential. Kaviraja shall be free to use such information on an unrestricted basis.
Journal 4U app are available internationally and may have different brand names such as Jurnal 4U, 雜誌 4你, 杂志 4你, இதழ் 4யு, วารสาร 4ยู, ジャーナル 4君, 신문 4너, Tạp chí 4U, पत्रिका 4आप, Diário 4U, Журнал 4U, Diario 4Tú, Tagebuch 4U, Günlük 4U, Rivista 4U, Logboek 4U and مجلة لك to relate with international audiences. Hence, Journal 4U app terms of use are applicable for all the various brand name that is developed by Kaviraja.
Apple®, iCloud® and App Store® are registered trademarks of Apple Inc.
Apple, iCloud and App Store is a trademark of Apple Inc., registered in the U.S. and other countries and regions.
The information contained in this app is subject to change without notice.
Kaviraja, Selangor, Malaysia
Updated by Kaviraja on 7 February, 2022