YOUR USE OF THE WEBSITES, CONTENT AND SERVICES:
The Websites, Content or Services may contain links to third-party sites. Modbook Inc. makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on these third-party sites.
Under no circumstances will Modbook Inc. be liable for loss or damage of any kind incurred as a result of the use of any Content posted, linked or otherwise made available via the Websites. By accessing or using the Websites, you acknowledge that you are fully responsible for any Content you post on the Websites and for the consequences of posting any such Content.
If you send any communications or materials to the Websites by email, online posting or other method, including any comments, data, questions or suggestions, such communications or materials are, and will be treated as, non-confidential and non-proprietary. You may not claim that any use of such communications or materials by Modbook Inc. violates your rights, including moral rights, privacy rights, proprietary rights or other property rights. Any communications or materials submitted by you to the Websites may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted or published by Modbook Inc. Modbook Inc. may freely use, without compensation to you, any concepts, ideas, know-how or techniques contained in any communications or materials you send to the Websites.
If any of the Websites or Services requires you to provide information and/or open an account, you must complete the registration process by submitting a valid e-mail address. You are responsible for safeguarding any username and/or password that you use to access the Websites. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions using your password, regardless of whether you have authorized such activities or actions. Modbook Inc. reserves the right to refuse providing Services or access to the Websites to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
You agree not to do any of the following while using the Websites, Content or Services:
- Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
- Access, tamper with, or use non-public areas of the Websites or Modbook Inc.’s servers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures used on the Websites;
- Attempt to access or search the Websites, Content or Services with any software, tool, agent, device or mechanism other than software and/or search agents provided by Modbook Inc. or other generally available third-party browsers (e.g., Internet Explorer, Safari or Firefox);
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Websites, Content or Services; or
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, or spamming the Websites.
THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MODBOOK INC. EXPLICITLY DISCLAIMS ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MODBOOK INC. MAKES NO WARRANTY THAT THE WEBSITES, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MODBOOK INC. MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES, CONTENT OR SERVICES.
LIMITATION OF LIABILITY:
To the maximum extent permitted by applicable law, Modbook Inc. will not be liable for any incidental, special, consequential or punitive damages resulting from your access to or use of the Websites, Content or Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, regardless of whether Modbook Inc. has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You acknowledge that Modbook Inc. is not liable for the defamatory, offensive or illegal conduct of other users of the Websites, Content or Services or of third parties, and that the risk of injury from the foregoing rests entirely with you. Modbook Inc. will have no liability to you or to any third party for any third-party Content on the Websites or accessed through the Services. You agree that the aggregate liability of Modbook Inc. to you for any and all claims arising from the use of the Websites, Content or Services shall in no event exceed the amounts you have paid to Modbook Inc. for use of the Websites, Content or Services. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Modbook Inc. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Modbook Inc. reserves the right to revoke your access to and use of the Websites, Content and Services at any time, with or without cause. Modbook Inc. also reserves the right to cease providing or to change the Websites, Content or Services at any time and without notice.
LAST UPDATED: March 1, 2012