Terms of Use

Version 1.0 · Effective 24 September 2026

These Terms of Use (“Terms”) are the agreement between you and the operator of Mountain Diary about your use of mountaindiary.com. Mountain Diary is a community website where people share accounts of their mountain adventures, ask and answer questions about gear and technique, and look for partners.

Please read these Terms carefully. They explain what you can expect from us, what we expect from you, how we deal with content that breaks the rules, and the limits of what we can promise. You accept these Terms when you create an account. If you only browse the website without an account, the Terms apply to your use of it as far as they are relevant — in particular sections 5.6, 6, 9, 11 and 14.

1. Who we are

Mountain Diary is operated by Ing. Jiří Tůma, a self-employed natural person (sole trader) registered in the Czech Republic, with his place of business in Prague, Company ID (IČO) 04075226 (“we”, “us”). You can contact us at info@mountaindiary.com. Further details are on the Operator & Contact page.

2. The service

2.1 Mountain Diary lets members publish reports of their adventures with text, photos and GPS tracks, ask and answer questions in Gear & Advice, look for partners in Find a Partner, comment, follow other members and exchange private messages. Visitors without an account can read everything that is published, but only members can publish content or comment.

2.2 The service is free of charge. If we ever introduce paid features, we will change these Terms in advance as described in section 16. Nothing will be charged to you without your express agreement.

2.3 Mountain Diary is available in English, Czech and German. Content is translated between these languages automatically by machine translation (section 5.2).

2.4 Mountain Diary is run by one person. We do our best to keep it available and working, but we cannot promise uninterrupted availability: the website may be unavailable during maintenance, updates or outages. We may change, add or remove features to improve the service or for technical, legal or security reasons (section 12).

3. Who can use Mountain Diary

3.1 You must be at least 16 years old to create an account. Find a Partner — posting and answering partner requests — is only for adults aged 18 or over.

3.2 You may have only one account, and only for yourself. Accounts may not be shared, sold or transferred.

3.3 You may not create a new account if we have closed a previous account of yours for serious or repeated breaches of these Terms, unless we allow it.

4. Your account

4.1 Give us accurate information when you register and keep your email address up to date. We use it to send you important messages about your account and your content.

4.2 Choose a username that is not offensive or misleading and does not impersonate another person or organisation.

4.3 Keep your password secret and do not use it anywhere else. You are responsible for what happens under your account, unless it happens without any fault on your part — for example if your login details were stolen despite reasonable care. If you suspect misuse, change your password and tell us at info@mountaindiary.com.

4.4 How the agreement is concluded. To create an account, you fill in the registration form, tick the box to accept these Terms and the Community Guidelines, and submit the form. Before you submit it, you can check and correct everything you have entered; afterwards you can change most details in your profile settings. We then send you an email with a confirmation link. The agreement between you and us is concluded when you confirm your email address using that link. The agreement can be concluded in English, Czech or German.

4.5 Record of the agreement. We keep a record of the version of these Terms you accepted and when you accepted it. Every version of these Terms remains available on request (section 16.3), and you can save or print this page at any time.

5. Your content

“Content” means anything you publish on Mountain Diary: texts, photos, GPS tracks and other files, questions, answers, partner requests, comments, profile information and private messages.

5.1 You keep your rights

You remain the owner of your content and keep all rights to it. We do not claim ownership of anything you publish.

5.2 The licence you give us

So that we can run Mountain Diary, you give us a non-exclusive, worldwide, royalty-free licence to use your content, solely to operate, provide and present Mountain Diary. For this purpose we may:

  • store, host and publish your content on the website and make it available to its visitors;
  • translate it into the languages of the website, including by machine translation, and publish the translations next to your original;
  • adapt it technically — for example create smaller versions and thumbnails of photos, convert and compress files, crop previews, and create route maps, elevation profiles and map images from your GPS tracks;
  • offer your GPS tracks to visitors for download;
  • show your content, or parts of it, in listings, search results, maps and feeds and on your profile;
  • show a preview (title, image and short excerpt) when someone shares a link to your content on another website or in a messaging app;
  • allow visitors to save your published content on their own devices for offline use;
  • keep your content published after your account is closed, if you choose to keep it (section 13.1).

The service providers that help us run the website, such as our hosting provider, may use your content only as far as their service to us requires. We may transfer this licence only to a successor operator of Mountain Diary (section 19.4).

5.3 What we will not do with your content

  • We will not sell your content or license it to anyone for their own purposes.
  • We will not use your photos or texts in advertising or on other websites, apart from the link previews described above.
  • We will not edit your texts, apart from translating them as described above. We may hide or remove content or parts of it that break the law or these Terms (section 7).
  • We will not put our logo or a watermark on your photos.
  • We will not give your content to anyone for training artificial-intelligence models.

We show your username with your content, or “Former member” if you closed your account and chose to keep your content.

5.4 How long the licence lasts

The licence lasts for as long as your content is on Mountain Diary. When you delete content, or when your account is closed with the choice to delete everything, the licence for that content ends and we remove it within a reasonable time. This does not apply to:

  • copies in our backups, which are replaced on a rolling basis (see the Privacy Policy);
  • copies that visitors have saved on their own devices;
  • content you chose to keep when closing your account — the licence for it continues;
  • content we must keep because the law requires it, for example as evidence in legal proceedings or at the request of an authority.

5.5 Your promises about your content

By publishing content, you confirm that:

  • you created it yourself, or the author has allowed you to publish it on Mountain Diary under this licence — for photos, texts and GPS tracks alike;
  • the people who can be recognised in your photos agree to their publication, and for children you have the consent of their parents or guardians;
  • your content does not infringe anyone’s rights, such as copyright, privacy or personality rights, and does not break the law;
  • your adventure reports describe what you actually experienced, with the correct date, to the best of your knowledge.

You are responsible for your content under the applicable law.

5.6 Using other people’s content

Content on Mountain Diary belongs to its authors. You may view it and use it for your own personal, non-commercial purposes — for example read it, save it for offline use, or download a GPS track to plan or navigate your own trip. Any other use, in particular copying, republishing or commercial use, requires the author’s permission.

You may not collect content from Mountain Diary by automated means, such as scraping, crawling or bulk downloading, except for search engines indexing the public website in line with our robots.txt rules. We expressly reserve the rights to text and data mining of the content on Mountain Diary within the meaning of Article 4(3) of Directive (EU) 2019/790, including for the training of artificial-intelligence models.

6. Rules of conduct

6.1 The Community Guidelines describe how we expect everyone to behave on Mountain Diary. They form part of these Terms.

6.2 In particular, you must not:

  • publish illegal content, including content that infringes copyright or other rights, content that sexualises minors, terrorist content, incitement to violence or hatred, and threats;
  • harass, insult, intimidate or discriminate against others, or publish their personal data without their consent;
  • impersonate another person or organisation, or mislead others about who you are;
  • publish spam, advertising or commercial offers, except where the Community Guidelines allow it and the content is clearly labelled;
  • encourage access to places or activities where it is prohibited, for example closed or protected areas;
  • upload malware, try to gain unauthorised access to accounts or systems, test the security of the website without our permission, or circumvent its protective measures;
  • use bots or other automated means to register accounts, publish content or send messages, or overload the website;
  • collect other members’ personal data.

7. How we moderate content

We want Mountain Diary to be a trustworthy place. This section explains how we deal with content that may be illegal or may break these Terms, as the EU Digital Services Act requires.

7.1 Checks before publication

We may check new adventures before they are published. The check looks only for spam, abuse and obvious breaches of these Terms. It is not a check of accuracy, quality or safety, and publication does not mean that we confirm or recommend anything an adventure describes. Some comments may also wait for approval before they appear.

7.2 Automated tools

We use automated tools to protect the website: a bot check on forms, a spam filter that sets aside comments that look like spam, and a firewall that blocks malicious traffic. Apart from the temporary hiding described in section 7.4, these tools do not remove published content.

7.3 Reporting content

Anyone, including visitors without an account, can report content they believe is illegal or breaks these Terms, using the Report Content page or the report link next to the content. A report should include the exact address of the content, the reason, an explanation of why the content is illegal or breaks the rules, and — except for reports of child sexual abuse material — your name and email address. We confirm receipt by email and tell you our decision.

7.4 Temporary hiding after several reports

If five different members report the same content within seven days, it is hidden automatically until we review it. This is a temporary precaution, not a decision about the content, and we tell the author straight away that their content is hidden pending review and why. After reviewing it, we either make it visible again or take one of the measures in section 7.5. Reports sent through the Report Content page by people without an account are reviewed in the same way but do not hide content automatically.

7.5 Our decisions and measures

Every report is reviewed by a person. We decide carefully, objectively and proportionately, taking into account the rights and legitimate interests of everyone involved, including freedom of expression. Depending on the case, we may:

  • leave the content unchanged;
  • hide the content or restrict where it is shown;
  • remove the content;
  • restrict certain features for the account for a limited period, for example commenting or publishing;
  • suspend the account for a limited period;
  • close the account, in the case of serious or repeated breaches.

When deciding about an account, we take into account how serious a breach is, whether it has been repeated, and whether it was intentional.

7.6 Statement of reasons

If we restrict your content or your account, we will send you a statement of reasons by email, unless we do not have your email address or the law prevents it. It explains what we did and to what extent, whether we acted on a report or on our own initiative, whether automated means were involved, the facts and the legal provision or clause of these Terms on which the decision is based, and how you can challenge it.

7.7 Appeals and other remedies

If you disagree with a decision — as the author of the content or as the person who reported it — you can appeal within six months by replying to our email or writing to info@mountaindiary.com. Tell us why you think the decision was wrong. Appeals are free of charge. A person will review the case again, without relying solely on automated means, and tell you the outcome and the reasons without undue delay. If the appeal is justified, we will reverse our decision.

You can also take the matter to court. Complaints that we are not complying with the Digital Services Act can be lodged with the Czech Telecommunication Office (Český telekomunikační úřad), the Digital Services Coordinator of the Czech Republic, or with the Digital Services Coordinator of the EU country where you live.

7.8 Misuse

After a prior warning, we may suspend for a reasonable period the account of anyone who frequently publishes manifestly illegal content. Likewise, after a prior warning, we may stop processing for a reasonable period the reports of anyone who frequently submits manifestly unfounded reports.

7.9 Threats to life or safety

If we become aware of information giving rise to a suspicion that a criminal offence involving a threat to someone’s life or safety has taken place, is taking place or is likely to take place, we will inform the competent authorities.

8. Copyright and other rights

8.1 If you believe that content on Mountain Diary infringes your copyright or other rights, report it through the Report Content page (section 7.3). For a copyright claim, identify the work and explain the basis of your rights.

8.2 Notices under the U.S. Digital Millennium Copyright Act can also be sent to info@mountaindiary.com. The Report Content page describes what such a notice must contain. If your content has been removed after such a notice and you believe this was a mistake, you can send a counter-notice.

8.3 We close the accounts of members who repeatedly infringe the rights of others.

9. Mountain activities: information, not advice

9.1 Mountain activities are dangerous and can lead to serious injury or death. Conditions in the mountains change constantly.

9.2 Content on Mountain Diary consists of the personal accounts and opinions of members, and it reflects conditions on a particular date. It is not a guidebook, a route description, a forecast or professional advice, and we have not checked it for accuracy or safety. Weather forecasts shown with adventures come from computer models, avalanche danger levels are regional, GPS tracks are recordings made by members, and machine translations may contain errors.

9.3 You decide yourself whether and how to undertake any activity, and you are responsible for your own preparation, equipment, judgement and safety. Always check current conditions and official sources, and turn back when in doubt. The Safety & Liability page explains this in more detail.

10. Find a Partner

10.1 Find a Partner helps adults find companions for mountain activities. You must be 18 or older to post or answer partner requests.

10.2 We do not verify the identity, age, experience or skills of members, and we are not a party to any arrangement between them. You decide yourself whom you meet and go with, and you are responsible for that decision. The Safety & Liability page has practical advice.

10.3 Partner requests may not be used to offer paid services, such as paid guiding or instruction, to advertise, or to look for a date.

10.4 Use private messages to arrange details. Do not publish your phone number or other contact details in a partner request.

11. Third-party services and links

Mountain Diary uses and links to services of other providers — for example maps from Mapy.com, weather data from Open-Meteo, avalanche information from official warning services, and websites that members link to. We are not responsible for the content, availability or accuracy of third-party services and websites, and their own terms apply when you use them.

12. Availability and changes to the service

12.1 We may change or discontinue individual features. If a change significantly affects how you can use Mountain Diary, we will tell members in advance.

12.2 We may end the whole service. If we do, we will tell members at least 60 days in advance by email and on the website, so that they have time to save their content. You can also ask us for a copy of your data (Privacy Policy, section 9).

13. Ending the agreement

13.1 Closing your account. You can close your account at any time on the Edit profile page. The closure takes effect 7 days after your request, and until then you can cancel it. You decide whether your published content stays on the website under the name “Former member” or is deleted together with your account. The Privacy Policy (section 8) describes both options in detail. Before the closure takes effect, you can ask us for a copy of the content you published, in a commonly used, machine-readable format.

13.2 Closure by us. We may close your account if you seriously or repeatedly break these Terms or the law, or if the law or a public authority requires it. Unless the law prevents it or immediate action is needed to prevent harm or abuse, we will warn you first. We will send you a statement of reasons, and you can appeal (sections 7.6 and 7.7).

13.3 Users below the minimum age. If we learn that an account belongs to someone younger than 16, we will close it. If the account holder is younger than 13, we will delete the account and its data without delay.

13.4 Provisions that by their nature are meant to apply after the agreement ends — in particular the licence for content you chose to keep, and sections 14 to 19 — remain in force.

14. Liability

14.1 What we are responsible for. We run Mountain Diary with reasonable care. We are liable for damage caused by our own breach of these Terms or of the law, in accordance with the applicable law.

14.2 What we cannot guarantee. We are not the author of members’ content, of machine translations or of information from third parties such as weather, avalanche and map data, and we cannot guarantee that it is correct, complete or up to date. We are not responsible for decisions you make on the basis of such information, or for the conduct of other members, including people you meet through Find a Partner. As a hosting service, we are not liable for content published by members unless we know that it is illegal and do not act without delay to remove it or disable access to it. None of this limits our liability for our own breach of duty.

14.3 What these Terms do not limit. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the applicable law — in particular liability for harm to life, health or bodily integrity, for harm caused intentionally or through gross negligence, and your rights as a consumer under mandatory law.

14.4 Your liability. You are liable under the applicable law for damage you cause to us or to others by breaking these Terms, for example by publishing content that infringes someone else’s rights.

15. Additional terms for users in the United States

If you use Mountain Diary from the United States, the following also applies to the extent permitted by the law of your state. It does not apply to consumers in the European Union or the United Kingdom.

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT MEMBER CONTENT, TRANSLATIONS, OR WEATHER, AVALANCHE OR MAP INFORMATION ARE ACCURATE, COMPLETE OR SAFE TO RELY ON.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM ACTIVITIES YOU UNDERTAKE OR FROM PEOPLE YOU MEET THROUGH THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100).

You agree to indemnify us against claims by third parties arising from your content or from your breach of these Terms, including reasonable legal costs. Some states do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you.

16. Changes to these Terms

16.1 We may change these Terms, for example when we add features, when the law changes or to prevent abuse. We will tell members about a change at least 30 days before it takes effect, by email and with a notice on the website, and explain what is changing. Changes required by law, or needed urgently to deal with abuse or a security risk, may take effect sooner.

16.2 If you do not want to accept a change, you can close your account at any time before it takes effect or within 30 days afterwards; until the change takes effect, the previous Terms apply to you. If you keep using your account after a change has taken effect, the new Terms apply.

16.3 The current version of these Terms and the date it took effect are shown at the top of this page. Previous versions are available on request, and you can save or print this page at any time.

17. Governing law and disputes

17.1 These Terms are governed by the law of the Czech Republic. If you are a consumer living in another country, you also keep the protection of the mandatory provisions of the law of that country.

17.2 Disputes will be decided by the competent courts of the Czech Republic. If you are a consumer, you can also bring proceedings in the courts of the country where you live, and we can bring proceedings against you only there.

17.3 If you are a consumer, you can use out-of-court resolution of a dispute with us. The competent body in the Czech Republic is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, adr.coi.cz. Please contact us first, though — most problems can be solved with an email.

18. Language versions

These Terms are available in English, Czech and German. The English version is the original. If the language versions differ, the English version prevails, unless mandatory law provides otherwise. Where a term is ambiguous, the interpretation most favourable to you as a consumer applies.

19. Final provisions

19.1 These Terms, together with the Community Guidelines and the documents they refer to, form the whole agreement between you and us about Mountain Diary. The Privacy Policy explains how we process personal data; it is information for you, not part of the agreement.

19.2 If any provision of these Terms is found invalid or unenforceable, the rest remains in force, and the provision is replaced by a valid one that comes as close as possible to its purpose.

19.3 If we do not enforce a provision straight away, we do not give up our right to enforce it later.

19.4 We may transfer our rights and obligations under these Terms, including the licence to your content, to a successor operator of Mountain Diary — for example a company set up to run it — provided that your rights under these Terms are not reduced. We will tell you in advance, and you can close your account before the transfer takes effect. You may not transfer your rights and obligations under these Terms to anyone else.

19.5 We send notices to the email address linked to your account. You can send notices to us at info@mountaindiary.com.

20. Contact

Questions about these Terms: info@mountaindiary.com. We reply in English, Czech and German.