Terms and Conditions

Terms and Conditions or Terms

I. A brief overview

eJournity provides you with a service that makes you more productive everyday by putting your life at your fingertips whenever you are logged onto eJournity.com by providing you an intuitive, robust, secure, and private platform to organize your life’s myriad details by using any and all of the15 major features of eJournity, features that never before have been available on a single platform anywhere.

Without security, none of us have privacy, and privacy is the cornerstone of eJournity.  Security is not an add-on feature, rather it is in the DNA of eJournity.com.

eJournity provides you a feature rich platform that is secured with numerous layers of security including wall to wall 256 bit military grade encryption for all of your content, bank secure 256 bit SSL for bank secure communications for all your devices to securely communicate with your account on eJournity, multi-level password and PIN safeguard, and numerous other security measures that we do not discuss, that combine to ensure that your content in your eJournity account is Fort Knox like secure.

II. Terms and Definitions

Below is a list of terms and their definitions used in eJournity communications, documents, and Website, including descriptions of the many underlying features offered on eJournity.

  • eJournity LLC is a Florida company that owns all rights and privileges without limitation to the name eJournity, domains and subdomains used by eJournity - whether active or inactive, the concept of eJournity, the user interface of eJournity, the design and appearance of the Website (https://www.ejournity.com), all content (see exclusion below) on the Website, including logos, graphics, photos, videos, audios, copy, and the proprietary program that operates the Website, exclusive of all content uploaded to, or created in their Vault by Trial members who have a 30-day trial membership, or Members who rent their Vaults annually from eJournity,  or content which Members or Trial memmbers may disseminate to others through various means available on the Website, or by other means available Members or Trial members, all of which is exclusively and solely owned by Members, or Trial Members, with all rights, privileges, and liabilities, if any, solely and absolutely theirs.  Logos or names that appear on the Website that are the property of others, remain the sole and exclusive property of their owners, with full retention of all rights and privileges.
  • eJounity refers to eJournity LLC, as well as https://www.ejournity.com, including all subdomains, as appropriate in usage.
  • The eJournity Service, or Service consists of the features and functions provided by the proprietary eJournity software hosted on https://www.ejournity.com available to Members, Trial Members, and the public.
  • Terms and Conditions or Terms is this document, and incorporates the User Guidelines, the Privacy Policy, and the Sucirty Systems.  By using eJournity you explicitly state you have completely read, and understood the Terms, and declare you will abide by the Terms without reservation.
  • User Guidelines or Guidelines details the guidelines that Members must follow if they wish to post anything in Thoughts, and Eulogies in eJournity.  Please read the Guidelines by going to the Homepage, clicking on eJournity, and then User Guidelines.  By using eJournity you explicitly state you have completely read, and understood The Guidelines, and declare you will abide by the Guidelines without reservation.
  • Guidelines Administrator or Administrator determines if any posting Guidelines have been violated if a complaint is received, or the Administrator notices a violation.  It should be noted, the Administrator does not systematically and regularly check Thoughts or Eulogy posts for violations Guidelines, and depends upon the Members to report suspected violations. The Administrator will decide the appropriate disciplinary action, if any, based upon the Guidelines, and the Terms, which can range from a reprimand and warning, to suspension of the posting privileges of the Member ranging from 1 to 12 months, revocation of posting privileges for life, to immediate removal from the site with forfeiture of any time and dues remaining in the Member’s annual Membership. 
  • Privacy Policy states the privacy policy of eJournity as it pertains to Members.  Please read the Privacy Policy by going to the Homepage, clicking on eJournity, and then Privacy Policy.  By using eJournity you explicitly state you have completely read, and understood the Privacy Policy, and declare you have no reservations regarding the Privacy Policy.
  • Cookie Policy states the cookie policy of eJournity.  Please read the Cookie Policy by going to the Homepage, clicking on eJournity, and then Cookie Policy.  By using eJournity you explicitly state you have completely read, and understood the Cookie Policy, and declare you have no reservations regarding the Cookie Policy.
  • Security Systems briefly describes the security of eJournity.  Please read the Security Systems document by going to the Homepage, clicking on eJournity, and then Security Systems.  By using eJournity you explicitly state you have completely read, and understood the Security Systems document, and declare you have no reservations regarding the security of the site, and the Security Systems document.
  • Member is someone who is a dues paid annual member with access to all features available to their type of Membership.
  • Trial Member is someone who has not paid their dues, but is enjoying free access to many, though not all, features of eJournity for a maximum of 30 days, at the end of which, their Trial Membership is cancelled, unless a Trial Member chooses to convert their Trial Membership to a Membership prior to expiration of their Trial membership, or within the 10-day grace period.  Trial Members have 1 GB of space they can use to store their trial content in the Diary, Journals, use Calendar, Contacts, Vault-in-Vault, and create their Executor, and Viewer list.  Trial Members can upload photos to their Diary, and Journals by dragging and dropping and photos in their device, or off of the Internet. But they cannot Future Message, Link with other Members or Trial Members, post Thoughts, use eJournity Messaging, Photo Album, Video Album, Audio Album, Documents Library, conducts internal searches and they cannot use Emergency.  Many of these limitations are meant to protect the Privacy of our Members, other limitations are to protect the security and integrity of eJournity. 
  • Posthumous Members are those Members who have passed.  They live on eJournity for eternity.  Posthumous Members can be searched, their Members at large entries into their Diary and Journals, as well as, Members’ Links, the public portion of their biography, and all of their Thoughts posts are available to those wish to peruse the legacy created by Posthumous Members.
  • Membership indicates the state of a Member vis a vis eJournity, i.e., they have paid their annual dues.  Membership is only available on an annual basis and is paid in full at the time someone decides to become a Member.  Members can choose from one of two Memberships; Standard Membership, or Total Media Membership.
  • Standard Membership is annual fee based.  Members have access to and use of all features except Photo Album, Video Album, Audio Album, and Documents Library.  Standard Members can drag and drop photos, videos, or audio recordings from off-site, sources i.e., not stored on eJournity, into their Diary and Journals.  They can also place links to Videos and Audios into their Diary and Journals. Each Standard Member is allocated 5 GB of encrypted and highly secured space.  Additional Space can be purchased any time by any Member in 5 GB increments. The cost of additional space is prorated.  An equal amount space is reserved for Standard Members to safely store a complete backup of their content.  Therefore, each Standard Member actually has 10 GB of space, but only 5 GB is accessible by them.  Additional space purchased in handled the same way, so when a Member purchases 5 GB of additional space, they are actually purchasing 10 GB of space of which they can directly 5 GB.
  • Total Media Membership is annual and fee based. Members have access and use of all features available to Standard Members, plus Photo Album, Video Library, Audio Library, and Documents Library.  Total Media Members can record audio entries, and video entries right to their Audio Library, or Video Library as appropriate, and, if they like, upload these to their Diary or Journals. Total Media Members can, of course, drag and drop any private and secure media in their Photo Album, Video Library, and Audio Library. Each Total Media Member is allocated 10 GB of space.  Additional Space can be purchased any time by any Member.  The cost of additional space is prorated.  An equal amount space is reserved for Total Media Members to safely store a complete backup of their content.  Therefore, each Total Media Member actually has 20 GB of space, but only 10 GB is accessible by them.
  • Failure to Renew a Membership by a Member puts the entire Content of Members' Vaults at risk of being permanently deleted.  Members are notified by email a number of times that their Membership is expiring before the expiration date.  If a Member does not renew their membership before its expiration date, eJournity suspends the Membership by allowing Members to sign-in and access their Vault in read only mode for an additional 45 days.  During this period, further attempts to reach the Member are made by email, and also by SMS.  If still no response is received, the Executor(s) are also contacted by email and/or SMS.  If it is learned that the Member has passed, eJournity begins the well-established process of confirmation of the Member's reported passing.  If no answer is received to these inquiries to learn of the Member's status, the Member's Vault is permanently erased 45 days from the day their annual expired.
  • Saving is done by Members whether they have written, or used their multi-media features (Photo Album, Video Library, Audio Library, Documents Library), and uploaded photos, a video, or an audio recording, entered a confidential piece of information into their Vault-in-Vault, etc.  A save also requires that a Member state who among his or her Viewers will be allowed to view that content which has been saved.  The options, which are Private (no one but the Member can access the content of that save), All Viewers (all of the Viewers of the Member upon their passing), a particular Viewer, or a group of Viewers that has been created for convenience sake by the Member.  Anyone of these save points’ viewing designation can be changed at any point in the future.  So, for example, a save you had designated as All Viewers can be changed for viewing by some Viewers you select.  The latest save options will always the one that will be applied.  During any save, Members can determine the time after their passing a particular save point is available for viewing by any Viewer.  Note that, the information you store in Vault-in-Vault cannot be designated for all Viewer viewing.  In the Diary, saves encompass the entirety of the date of the diary page (pages can be any length).  For example, if you’re writing in your Diary for May 1, 2018 and save it.  All of the content you entered for May 1, 2018 will be under that save.  In your Journal, when you click save, you will save the content of the chapter in your Journal you are writing.  You will have the usual save option of private, all viewers, particular Viewers, or Viewer Groups.  Chapters within a Journal can be any length.
  • SMS(short messaging service) are written messages sent by eJournity to its Members', and Executors' smart phones regarding important matters.  Mostly, SMS messages are sent to Members if they do not respond to emails sent to their registered email.  In this way, eJournity is able to use another independent communications channel for important communications.  In the same way, eJournity also uses SMS messages to communicate with Executors.  In order for SMS to work, both Members and Executors are required to register their mobile phone numbers.  Viewers are not asked for their phone numbers.
  • Additional Space in increments of 5GB can be purchased by Members if they desire to increase the size of their Vault repository.  Additional Space is ordered from Members’ Control Panel at a nominal additional cost.  The cost of additional space is prorated.
  • Back-up is automatic.  It is the way eJournity ensures that the Content you store in your Vault is always protected for eternity every time you save.   
  • Refunds of Membership dues are not available for any reason whatsoever. 
  • Viewer(s) is someone who has been selected by a Member to view only the selected Content in a Member’s Vault that has been specifically chosen for their viewing in the event of a Member’s passing. The selected Content for any Viewer’s access is unlimited.  Each Member is encouraged to select at least 5 individuals as Viewers.  They can select up to 1000 Viewers.  Members can add or remove Viewers at any time. There is no cost associated with being a Viewer, but all Viewers have to respond to the invitation sent on behalf of a Member by eJournity and complete a brief registration
  • Executors are close family, and friends selected by Members.  Every Executor is a Viewer and has the same privileges as a Viewer, but Viewers are not Executors.  The function of an Executor in so far as eJournity is concerned is to keep eJournity informed of any important change in the status of a Member for whom they are an Executor. In other words, if a Member passes, his or her Executor is asked to report that fact to eJournity.  Executors may choose to report critical illnesses or accidents as well.  Executors report changes in the Member’s status for whom they are an Executor by clicking on Gateway, Change in Status on the homepage, and filling out the form. Executors may have other responsibilities that they and the Member agree upon, but this arrangement is private between them.   A Member may have as many Executors as they like.  All reports of any Member’s passing is independently confirmed with the authorities with a copy of the death certificate where available, or other dependable means where this is not possible.  Members can add or remove Executors at any time.
  • Viewer Groups make the handling of large numbers of Viewers (including Executors) easy, we’ve provided you with the opportunity to set-up groups.  So, for example, you can have groups like My Family, Greater Family, Friends, Sailing Buddies, Yoga Friends, Bravo Company, etc.
  • Time Delay allows members to choose when a particular Viewable can be viewed by any specific Viewer or Viewer Group.  This feature is particularly useful when Members have to be mindful of the impact something they have earmarked for viewing by a particular Viewer or Viewer Group may have on them.  Viewing any Viewable can be delayed from 1 to 12 months after a Member’s passing.     
  • Immediate Sharing of a Members Content with anyone a Member chooses is available.  This can be done through tools available to Members in eJournity, or through any means a Member may decide to use, such as printing, copy pasting, emailing, etc. But, it should be noted that eJournity is predicated upon your unassailable privacy.  eJournity is a social media site with a noteworthy difference.  It lets Members be totally honest and prolific since they are not playing to the crowd (voluntarily or involuntarily), so you don’t care (or even hear about) the reactions of anyone to anything you’ve created – they never see it until you decide they should see it.  This is very cathartic, therefore, healthy, and creative. 
  • Viewables are the Content designated by any Member for access by Viewers in the event of their passing.
  • Vault is a Member’s secure and private repository. It can be visualized as a Bank vault.  The Vault includes the Vault-in-Vault which is inside the Vault.  Members store their Diary, Journals, Secure Notes, Calendar, Photographs, Videos, Audios, Documents, and Emergency information in their Vault.  All content is military grade encrypted, and end to end SSL secured.
  • Vault-in-Vault can be visualized as an another massive bank vault within the Vault.  It is further secured, requiring additional credentials to gain access.  As you would expect, information stored here is also military grade encrypted. It is designed to hold Members’ highly confidential information, such as bank records, passwords, and other private information.  For further information regarding Vault-in-Vault see Section IV.
  • Content includes all stored text, documents, photos, images, videos, scanned documents, audios, or anything else Members create themselves or created by others, and upload to their Vault, whether Members simply store this Content, or transmit it to others publicly or privately.
  • Future Messaging, not instant messaging: Through eJournity’s one-of-a-kind system, our Members can seamlessly leave any piece of information in their Vault, and Vault-in-Vault to those people who want or need the insight, and information that Members have created and saved over the years.  This Future Messaged information is most often critically important to those who survive us, delivered at a time when they most need it. Anyone who has had to unravel numerous details following the passing of a friend or family member will completely understand the absolute necessity of targeted access to information provided by eJournity’s Future Messaging System.  Importantly, eJournity provides Members the option to determine when each Viewable they have earmarked for viewing by their Viewers is available to them for viewing by selecting between 1 to 12 months to elapse after their passing.  Otherwise, all Viewables are immediately available to their respective Viewers upon the passing of a Member. Importantly, eJournity provides Members the option to determine when each Viewable they have earmarked for viewing by their Viewers is available to them for viewing by selecting between 1 to 12 months to elapse after their passing.  Otherwise, all Viewables are immediately available to their respective Viewers upon the passing of a Member.
  • Eternal Membership on eJournity is available to every Member who passes at no additional cost.  Members who pass become Posthumous Members, and live on for eternity on eJournity, their public Content available online forever.   
  • Visibility to others people is a key component of privacy.  Since, eJournity is privacy driven, eJournity allows Members to select whether they are visible to search engines, such as Google, MSN, and the rest, as well as, whether they are visible to other eJournity Members. It needs to be noted, any Member who turns on visibility in their control panel (default setting off) will be indexed by search engines.  If, later, a Member turns off their visibility, search engines will have already indexed them, and eJournity cannot simply not respond to a future query by not returning any response.  Therefore, eJournity will respond by stating the requested record is unavailable.
  • Thoughts are posts by Members of their thoughts on any subject they desire.  They must be no less than 333 and no more than 6,666 key-clicks. Thoughts can be brief comments, or essays that are written by any Member. The visibility of any Member’s Thoughts is based upon selections by Members’ in their settings, and can be either viewed only by those with whom a Member is Linked, or the entire membership of the eJournity community.  There is no prior restraint or censorship of Thoughts posts, our Members are simply required to conform to the Guidelines.  All Thoughts written by Members are attributed to the Member who posted them, and are available for eternity on eJournity.com as part of a Posthumous Member’s eternal record and legacy.  If anyone who reads a Thoughts post finds it objectionable and in nonconformity with the Guidelines, they can simply click at the end of any Thoughts post, and report it.  The Administrator will review the Thoughts post, and if found to be in noncompliance with the Guidelines, the Thoughts post will be removed and the offending Member notified.  He or she will face disciplinary action according the Guidelines, Terms, and the judgement of the Administrator.  The Administrator’s decision is final,
  • Obituaries of deceased Members will be posted publicly on the eJournity homepage.  Anyone who visits and clicks on Obituaries in the Gateway dropdown can view all obituaries, as long as a Member has selected the option in their control panel settings to allow the public revelation of their passing. In any case, all obituaries of Members will be published for all eJournity Members to see as long as Members are logged on in their control panel.  Any Obituary can be clicked on by any Member to see what Eulogies have been written about the life and passing of the deceased Member by those Liked to the Member who has passed.  The obituary becomes part of the eternal record and legacy of Posthumous Members.
  • Eulogies can only be posted by Linked Members. However, all Eulogies can be read by all members of eJournity. There is no prior restraint or censorship of Eulogies, but our Members are expected and required to conform to the Thoughts and Eulogies Guidelines.  The Eulogies become part of the eternal record and legacy of Posthumous Members.  There is no noncompliance reporting mechanism for Eulogies.  It is assumed that Linked Members are close, and that their comments will not require policing.  In any event, the Guidelines apply fully to Eulogies, and if found by the Administrator to be in noncompliance to the Guidelines, or reported by a Member as so, the Administrator will review the Eulogy and if necessary remove the offending Eulogy, and administer discipline to the offender as the Administrator deems appropriate, and as provided in the Terms and Guidelines. 
  • Links provide a simple way of building a network of close friends and family members who are Members.  Linking is based upon mutual acceptance, i.e., one member initiates an invitation to Link, and the invited Member accepts or rejects it.  Any Member, except Trial Members can Link.  A Link can be canceled by any Member any time they desire solely by their action. Linked Members enjoy a number of privileges.  All Linked Members are linked eternally together in each other’s eternal record, so that when Posthumous Members are accessed, it can be seen with whom they felt especially close.  Linking is prerequisite to messaging using encrypted eJournity Messaging.  Eulogies can only be written by Linked Members, but Eulogies can be read by all Members. Thoughts posts can be limited so that only Linked Members can read them. 
  • Blacklist is eJournity’s discipline mechanism.  Those who violate the Thoughts and Eulogies posting Guidelines will be penalized.  Penalties can range from a reprimand, to suspension from posting Thoughts or Eulogies for a period time ranging from 1 to 12 months, banning from making any Thoughts or Eulogy posts for life, to permanent and immediate removal as a Member from eJournity.  The penalty shall be determined by the Guidelines Administrator (Administrator), and the decision shall be final.  Members who are removed from Membership will forfeit any time and paid-in dues remaining as of their removal.  These measures can be easily avoided by all Members by simply adhering to the Guidelines, and being civil in the eJournity public forum. 
     

III. The Main Features of eJournity

Overview

Below is a list of the main features of eJournity you will come to depend on to manage your life’s myriad details as you create your legacy for eternity. Here, in one quick reference list, are all of the unmatched features that eJournity provides its Members.  Some features are only available only to Total Media Members. 

  • Military Grade Security – discussed in Section II above
  • Wall to Wall Encryption – discussed in Section II above
  • Daily Dairy
  • Journals
  • Documents Library - available only to Total Media Members
  • Photo Albums- available only to Total Media Members
  • Vault-in-Vault- available only to Total Media Members
  • Video Library- available only to Total Media Members
  • Audio Library
  • Secure Note
  • eJournity Messaging
  • Expandable Repository
  • Calendar
  • Contacts
  • Emergency
  • Thoughts – discussed in Section II above
  • Eternal Posthumous Membership – discussed in Section II above
  • Obituaries – discussed in Section II above
  • Eulogies - discussed in Section II above
     

IV. A little more detail about the features you’ll most often use

Not every item in the list above is discussed in detail below.  Those not discussed below have been defined elsewhere in the Terms.

  • Future Messaging  is a seemless way our Members sharee their Content with those who survive them. We are a social media site with a long term outlook.  As you save entries into your diary, journal, media, documents, and your Vault-in-Vault, through eJournity’s unique system, you will choose who will see each save point in the event of your passing.  Of course, you can share any of your content immediately any time you want right from eJournity. Importantly, eJournity provides Members the option to determine when each Viewable they have earmarked for viewing by their Viewers is available to them for viewing by selecting between 1 to 12 months to elapse after their passing.  Otherwise, all Viewables are immediately available to their respective Viewers upon the passing of a Member.
  • Diary is military grade encrypted so that no one but you can read it.  When you click to open your Diary, it always opens on the day’s date. You can write in your diary every day, or as often as you want, and do it in complete privacy. You can go back and make changes to any entry you made on any previous date. You can even change your save options at any time, for any date.  Total Media Members can upload photos, videos, or audio recordings right into their diary, record a video right from the camera of their device, or speak into their device’s microphone and make an audio recording.  Total Media Members, therefore, can place photos, videos, and audios into their Diary to make their point even better through the multimedia available to Total Media Members right from their private Photo Album, Video Library, or Audio Library in their Vault.  Standard Members can place photos, videos, and audio recordings in their Diary as well.  However, since as Standard Members they do not have the multi-media functions of eJournity (Photo Album, Video Library, and Audio Library), they have to drag and drop, or browse and select these multimedia from outside of eJournity.   To learn more about the saving options Members have, please read Saving elsewhere.
  • Journal is also military grade encrypted for your complete privacy and security, as well.  A journal, as opposed to a diary which is temporal, is incident or topic driven, compared to the date or time driven nature of diaries. You can go back and make changes to any entry you made at any previous time. You can even change your save options at any time, for any date. In the case of eJournity, your journal is multi-media for Total Media Members, i.e., Members can tell their story in words as well as colorful videos, pictures, and dynamic audio recordings.  Total Media Members can upload photos, videos, or audio recordings right into their diary, record a video right from the camera of their device, or speak into their device’s microphone and make an audio recording.  Total Media Members, therefore, can place photos, videos, and audios into their Diary to make their point even better through the multimedia available to Total Media Members right from their private Photo Album, Video Library, or Audio Library in their Vault.  Standard Members can place photos, videos, and audio recordings in their Journal as well.  However, since as Standard Members they do not have the multi-media functions of eJournity (Photo Album, Video Library, and Audio Library), they have to drag and drop, or browse and select these multimedia from outside of eJournity.   You can start as many Journals as you like.  To learn more about the saving options Members have, please read Saving elsewhere.
  • Document Library is secure repository for your documents in your Vault that is only available to Total Media Members. The Audio Library is meant to store your private and confidential documents – documents that are confidential and that you want to keep private.  Therefore, if you want to store the IRC (Internal revenue Code), for example, this is not where you should store it; there is nothing particularly private or confidential about the IRC.  But, this is exactly where you would want to securely store your encrypted tax filings and supporting documents, for example, or your Will and Last Testament, copies of your licenses, your passports, or life insurance, etc.  All stored documents are stored encrypted on eJournity’s secure servers. They can be combined into albums for convenient organization, or stored loosely as if on a desktop.  More than one documents can be uploaded at one time in groups.  Documents can be dragged and dropped, browse and selected from your device into your Documents Library in eJournity.  
  • Vault-in-Vault is a super secure repository. It is inside your Vault.  It has additional layers of security, and additional credentials are required to access it.  It is 256 bit, military grade encrypted, making its contents all but impossible to read by anyone other than you. It is designed to hold your most confidential information.  Thus, this is where you can confidently store your financial information, bank accounts, passwords, credit cards numbers, insurance information, passwords for numerous devices, networks, Websites, etc.  Having a Vault-in-Vault will help you update information, change passwords and PINs often, thus increasing your digital security.  When saving entries in your Vault-in-Vault, note that the All Members save option is not available.
  • Photo Album is a secure repository for your private photos in your Photo Album in your Vault that is only available to Total Media Members. All photos are stored on eJournity’s secure servers in encrypted files. They can be combined into albums, or stored loosely as if on a desktop.  Photos can be dragged and dropped to your Phot Album, selected from browse, or taken from the camera of the device you are using and placed right into your Photo Album.  More than one photo can be uploaded at one time in groups.  The time this will take is dependent upon many factors, including, but not limited to, your connection speed, and size of the photos you are uploading. Note that you may exceed your space.  The System will notify you if you do not have enough space to upload the photos you have selected for upload.
  • Profile Picture is limited to a maximum of 800X800 pixels, or approximately 300 – 400 KB.
  • Video Library is secure repository for your private videos in your Video Library in your Vault that is only available to Total Media Members. The Video Library is meant to store your private and confidential videos – videos you want to keep private.  Therefore, if you want to store the movie Titanic, for example, this is not where you should store it.  There is nothing particularly private about Titanic.  All videos are stored on eJournity’s secure servers in encrypted files. Videos in your Video Library can be combined into albums for convenient organization, or stored loosely as if on a desktop.  More than one videos can be uploaded at one time in groups.  Videos can be dragged and dropped into your Video Library in eJournity from your device, selected from browse, or taken by the camera of the device you are using; all of these will appear in your Video Library.  The videos you take from your device’s cameras are limited to ten (10) minutes in length. You can upload any videos in Your Video Library directly into your Diary, or your Journal.  Videos not taken by your device camera that you upload are not limited by size, but since videos take up a lot of space, you may exceed your allotted space.  In this case, if you still want to upload your video, you may have to purchase additional space. The time videos take to upload will dependent upon many factors, including, but not limited to, your connection speed, and size of the video file.They take considerable time to upload due their complexity and size.  This is not due to any shortcomings of eJournity, but the state of the art of Internet technology at this time
  • Audio Library is secure repository for your audio recordings in your Audio Library in your Vault that is only available to Total Media Members. The Audio Library is meant to store your private and confidential audios – audios you want to keep private.  Therefore, if you want to store the complete works of the Beatles (61 releases in total), for example, this is not where you should store it. All audio recordings are stored on eJournity’s secure servers in encrypted files. They can be combined into albums for convenient organization, or stored loosely as if on a desktop in your Audio Library.  More than one audio recording can be uploaded at one time in groups.  Audio recordings can be dragged and dropped from your device into your Audio Library in your Vault, selected from browse, or recorded directly from the microphone of the device you are using; the audio recordings will appear in your Audio Library work area. Audios you record directly from your device’s microphone are limited to ten (10) minutes in length.  Audio recordings that are not made by your device’s microphone that you upload are not limited by size, but since large audio files may take up a lot of space, you may exceed your allotted space.  In this case, if you still want to upload your audio, you may have to purchase additional space. The time audio recordings take to upload will dependent upon many factors, including, but not limited to, your connection speed, and size of the audio file.
  • Secure Note is an encrypted note pad that only you can access and use.  It is designed for your convenience to jot down notes or reminders to yourself.  Secure Notes entries cannot be Future Messaged.
  • Contacts is highly secured, as well, ensuring that only you can access and use it.  It is designed to privately store your private contacts, and keep them private. There is an easy to use form to help you enter and organize your contacts.  The content of Contacts cannot be Future Messaged.
  • Calendar is highly secured, and encrypted as all of eJournity.  It is designed to help you privately manage your time.  Calendar entries cannot be Future Messaged.
  • Emergency is a highly secure and encrypted potentially lifesaving information dissemination system available all Members that can be accessed by first responders, hospital personnel, law enforcement, or good Samaritans who may find you incapacitated, or otherwise unable to assist on your own behalf.  Each Member is issued a unique QR code when they first join eJournity that is designed to be scanned by just about any smart phone with a camera.  Once scanned, eJournity’s Emergency system is ready to provide potentially saving information about that Member.  The information that will be divulged is solely determined by each member for their Emergency account as they fill in the information they desire. Those who scan the QR code must enter their phone number to which a unique PIN will be sent.  This PIN has a finite life.  Once the PIN entered, the information deemed important by the Member will be revealed.  The System will keep a record of the telephone number that accessed the information in a member’s Emergency account.
     

V. What Else Do I Need to Know?

Third-Party Links, Content and Programming

We may recommend third party websites, content in connection with the Service. We have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.

Indemnity

You agree to indemnify and hold eJournity LLC, its subsidiaries, affiliates, officers, agents, employees, owners, advertisers, partners, and surivivors harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

The Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, eJOURNITY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) eJOURNITY DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED, PRODUCTS PURCHASED FROM eJOURNITY OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eJOURNITY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Exclusions and Limitations

NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Membership, Refund Policy

MEMBERSHIP IS ANNUAL, MEMBERSHIP DUES ARE PAID ONCE A YEAR , AT THE START OF THE MEMBERHIP period.  MEMBERSHIP EXPIRES AT THE END OF one year.  THE MEMBERSHIP FEE IS NON-REFUNDABLE for any all reasons. 

VI. If eJournity has to Send Me Notice of Something, How Will That Happen?

This is another reason why it’s important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email, notices by the eJourity Messaging System, or SMS.  

VII. How Can I Send a Notice to EJournity?

Except where these Terms, or any Separate Agreement, specifically provide for use of a different means or delivery address for notices, any notice to EJournity must be delivered by email to legal@eJournity.com. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver noticeto jegal@eJournity.com via email, you may send a notice to customerservice@ejournity.com, or by mail at the following address:

eJournity LLC
Legal Department
P.O.Box
Delray Beach, FL  33445

VIII. What Law Applies to My Use of eJournity?

No matter where you reside, these Terms and the relationship between you and eJournity (including any dispute) shall be governed in all respects by the laws of the State of Florida, United States of America, as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to its conflict of law provisions.

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

IX. What Do I Do If I Think I Have a Claim Against EJournity?

Let us Know About Your Complaint. We want to know if you have a problem so we encourage you to contact our Customer Care Group at CustomerService@eJournity.com.  It’s convenient, completely secure, and you are assured of the delivery of your message.

Initiating a Formal Claim

If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved exclusively by the processes set forth in these Terms. eJournity provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against eJournity in any other manner, you shall be in violation of these Terms and you agree that eJournity shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse eJournity for its reasonable costs incurred in defending against such improperly initiated claim. You agree that, prior to initiating any formal proceedings against eJournity, you will send us a notice to our attorneys at legal@eJournity.com, and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms.

Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are a resident of the United States, Canada, or anywhere else, you agree that any claim or dispute you may have against eJournity must be resolved exclusively by a state or federal court located in Palm Beach County, Florida. You agree to submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes.

Alternative Dispute Resolution Process

Unless you are subject to the Arbitration Agreement set out below, if a claim arises between you and eJournity where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and eJournity agree to use reasonable effort to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Dispute Manager will be borne equally by the parties or be submitted to the Dispute Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.

Arbitration Agreement

If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and eJournity agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Our arbitration proceedings will be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures. You can obtain a form for initiating arbitration proceedings at AAA website at adr.org. The arbitration shall be held in Palm Beach County, Florida, or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations, if any, involving different eJournity users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.

The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$10,000 or less, eJournity will pay all filling, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, eJournity will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse eJournity for all fees associated with the arbitration paid by eJournity on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

YOU AND EJOURNITY AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER EJOURNITY USERS.

Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.

Claims are Time-Barred

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.

X. Anything Else

A couple of final, but important, points. First, these Terms constitute the entire agreement between you and eJournity and govern your use of the Service, except, and then only to the extent that you have entered into a Separate Agreement with eJuornity signed by both parties. These Terms supersede any prior agreements or earlier versions of these Terms between you and eJournity for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.

Second, you acknowledge and agree that each affiliate of eJournity shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.

Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.

If You Use eJournity.com, You Agree to be Bound by all the Terms

By Registering to use eJournity.com, you agree to the Terms and Condition listed and discussed herein, and you do so without the reservation.  By using eJournity.com, as a Member or a member of the public, you agree to be bound by the terms of the Terms and Conditions, Guidelines, the Cookie Policy, and the Privacy policy, all of which can be accessed in the homepage, in the dropdown named eJournity.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT eJOURNITY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS , OWNERS, AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF EJOURNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE OR RELATED TO THE EJOURNITY MARKET; (v) EJOURNITY’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE OR OFFERING PRODUCTS IN THE EJOURNITY MARKET; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations

NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

eCommerce Terms, Return/Refund Policy

MEMBERSHIP IS ANNUAL, MEMBERSHIP DUES ARE PAID ONCE A YEAR , AT THE START OF THE MEMBERHIP.  MEMBERSHIP EXPIRES AT THE END OF 12 MONTHS.  THE MEMBERSHIP FEE IS NON-REFUNDABLE. 

XI. If eJournity has to Send Me Notice of Something, How Will That Happen?

This is another reason why it’s important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email, notices by the eJourity Messaging System, or SMS.  

XII. How Can I Send a Notice to EJournity?

Except where these Terms, or any Separate Agreement specifically provide for use of a different means or delivery address for notices, any notice to EJournity must be delivered by email to legal@eJournity.com. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to customerservice@ejournity.com, or by mail at the following address:

eJournity LLC
Legal Department
P.O.Box
Delray Beach, FL  33445