Terms of Use

INTRODUCTION:

The following Terms of Use (the “Terms of Use”) govern your access to and use of Modbook Inc.’s website located at www.modbook.com and its associated sites (the “Websites”), any information, text, images, or other materials appearing on the Websites (the “Content”) and any services provided through the Websites (the “Services”). Your access to and use of the Websites, Content or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Websites, Content or Services, you agree to be bound by these Terms of Use.

Modbook Inc. may revise these Terms of Use from time to time. Future revisions will be noted below. By continuing to access or use the Websites, Content or Services after any such revision(s), you agree to be bound by the revised Terms of Use.

YOUR USE OF THE WEBSITES, CONTENT AND SERVICES:

All right, title, and interest in and to the Websites, Content and Services are and will remain the exclusive property of Modbook Inc. The Websites, Content and Services are protected by copyright and trademark laws of the United States and other countries. You may only use the Websites, Content or Services for your personal and non-commercial purposes and subject to the restrictions set forth in these Terms of Use. Except as expressly permitted in these Terms of Use or by agreement with Modbook Inc., you may not reproduce, modify, create derivative works from, distribute, license, sell, transfer, display, perform, transmit, publish or otherwise use the Websites, Content or 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.

GENERAL PROHIBITIONS:

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.

Modbook Inc. reserves the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and website security violations, to the fullest extent of the law. Modbook Inc. has no obligation to monitor your access to or use of the Websites, Content and Services, but has the right to do so for the purpose of operating the Websites, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

DISCLAIMERS:

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.

INDEMNITY:

You agree to defend, indemnify, and hold harmless Modbook Inc., its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Websites, Content or Services, or your violation of these Terms of Use.

MISCELLANEOUS PROVISIONS:

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.

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

The failure of Modbook Inc. to enforce any right or provision of these Terms of Use will not be deemed a waver of such right or provision.

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in the County of Los Angeles, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

These Terms of Use constitute the entire and exclusive agreement between you and Modbook Inc. regarding the Websites, Content and Services, and these Terms supersede and replace any prior agreements between you and Modbook Inc. regarding the Websites, Content and Services.

CHANGES TO THE TERMS OF USE:

We reserve the right to make changes to these Terms of Use from time to time for any reason. If we make changes, we will revise the “LAST UPDATED” date at the bottom of this page. If we make a material change to these Terms of Use, we may post a separate notice regarding the change below.

LAST UPDATED: March 1, 2012

↑ top ↑