ATTENTION: THIS IS A CONTRACT. PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY BEFORE USING THIS WEB SITE AND ITS BROADCAST SERVICES ("SERVICES"). YOU HEREBY ASKED TO ACCEPT THESE TERMS AND CONDITIONS OF THIS CONTENT HOSTING AND SERVICE AGREEMENT (THE "AGREEMENT") WHICH WILL GOVERN YOUR PROVISION OF MATERIAL TO eBookes AND YOUR USE OF THE eBookes SERVICES AND PROGRAMS. YOUR SELECTING THE CHECK BOX "I have read the eBookes Terms and Conditions and agree to them" WHILE REGISTERING YOUR eBookes ACCOUNT IS A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THIS CHECKBOX, YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE AND ACCEPT THE TERMS, YOU HAVE NO RIGHT TO USE THIS WEB SITE AND ITS SERVICES.
eBookes, Inc., d/b/a eBookes ("eBookes") makes this website eBookes and other domains included within this internet website ("Website"), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and Services operated through the Website, available for your use subject to the terms and conditions set forth in this Agreement. By entering into this Agreement and accessing and using this Website, use of Services, downloading any products or uploading any material, or browsing the Website, you agree to be bound by the following Agreement and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all the terms of this Agreement, you should NOT use this Website or any Services or programs available through this Website. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions. Also, when you use any current or future Services or visit or purchase from any business affiliated with eBookes, whether or not included in the Website, you may be subject to the guidelines and conditions applicable to such services or business.
eBookes reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. eBookes reserves the right to terminate or restrict access to the Website for any reason whatsoever at its sole discretion.
ALL CONTENT, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." eBookes HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT AND SERVICES. eBookes DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. eBookes DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY eBookes ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
The Website may contain references to specific eBookes products and Services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or Services shall be available at any time in any particular country.
IN NO EVENT SHALL eBookes OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS SITEM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEVIED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF eBookes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST eBookes PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO eBookes IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
This Website may provide links to other web sites that are NOT under the control of eBookes. eBookes shall not be responsible in any way for the content of such other web sites. eBookes provides such links only as a convenience to the user of this Website, and the inclusion of any link to any such web sites does not imply endorsement by eBookes of the content of such web sites.
Copyright, trademark and all other proprietary rights in the Content (including but not limited to software, services, audio, video, text and photographs) rests with eBookes or its licensors. All rights in the Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its products or its Services except as expressly authorized herein. Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of eBookes is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
eBookes hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. eBookes disclaims any proprietary interests in the intellectual property rights other than their own.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide eBookes's Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying eBookes and its affiliates that your copyrighted material has been infringed.
eBookes's Copyright Agent for notice of claims of copyright infringement on its site can be through form on page: FeedBack
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Participation in the Services is subject to eBookes's prior approval and your continued compliance with the terms of this Agreement. eBookes reserve the right to refuse participation to any applicant or participant at any time in its sole and absolute discretion, and to withdraw content, suspend, restrict and/or terminate the Services, immediately without notice to you and without liability to eBookes, for any reason, including repeat violations of our copyright policy or other eBookes policies.
By entering into this Agreement and uploading, sending, providing or otherwise making available your material ("User Material") to eBookes you are directing and authorizing eBookes to, and granting eBookes a royalty-free, non-exclusive right (the "License") to, host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms based on the User Material in order to (i) host the User Material on eBookes's Servers, (ii) index the User Material; (iii) display, perform and distribute the User Material, in whole or in part, in any territory(ies), in connection with eBookes products and Services now existing or services and products hereafter developed. This license gives eBookes the right to display User Content via streaming and/or downloading technologies, and to display User Material for some fee or for no fee to the end user. You hereby represent and warrant that (i) you have all the necessary rights, titles, and/or interests (including all proprietary rights) in User Material to grant such License; (ii) License, as granted and as used in connection with eBookes Website, Services and products, does not and will not violate any intellectual property rights of any third parties; and (iii) that your granting of the License and the use of the User Material as authorized by the License does violate any law (including, without limitation, privacy, export control, obscenity and anti-spam laws), (iv) the License does not violate any agreement or order to which you are a party or by which you or your assets are bound nor require any consent from any person, entity or government authority, and (v) unless otherwise expressly agreed in writing by eBookes, the User Material is not made available for advertising or solicitation of business purposes. You further represent and warrant to eBookes the following: (a) you are at least 18 years of age if you are a natural person; (b) all of the information provided by you to eBookes is correct and current (including without limitation information You provide in the Registration Form); (c) the User Material is not, in whole or in part, pornographic or obscene; (d) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to your User Material to enter into this Agreement and to grant the rights granted herein; (e) You have the legal right and authority to enter into this Agreement, to perform the acts required of you under the Agreement, and to grant the rights and licenses described in this Agreement.
Either party may terminate this Agreement immediately upon written notice to the other party if the other party files a petition for bankruptcy, becomes insolvent, or makes an assignment for the benefit of its creditors, or a receiver is appointed for the other party or its business. You may terminate this Agreement for convenience upon thirty (30) days prior written notice. eBookes will use commercially reasonable efforts to remove User Material from public display within thirty (30) days from receipt of notice of termination or withdrawal. User can delete their presentations without consent by eBookes. eBookes may at any time in its sole discretion and without liability to eBookes terminate any product, service or feature offered by the eBookes, terminate this Agreement, or withdraw any User Material.
Software made available for downloading from or through this Website licensed subject to the terms of the end use license agreement, if and as applicable. Both the Software and any accompanying documentation made available through this Website is the copyrighted work of eBookes. Except as set forth in the applicable end user license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. You must agree to the terms of the applicable end user license agreement to download or order Products or Services from this Website.
You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its products or Services, except as expressly authorized herein or in the applicable end user license agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. eBookes HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
Without limiting the foregoing, eBookes makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the site will meet your expectations; any errors in the software obtained from or used through the site, or any defects in the site, its services or products, will be corrected.
eBookes provides online facilities for public comment by customers, registered users and visitors alike. Any notes, postings, ideas, suggestions, concepts, or other material submitted through this feature will become the property of eBookes and eBookes shall be entitled to use such material for any type of use forever, including in any media whether now known or hereafter devised.
eBookes reserves the right to delete any message submitted, at its sole discretion, at any time and for any reason, including, but not limited to material which in eBookes's opinion:
|(A)||may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;|
|(B)||may infringe any intellectual property or other right of any entity or person;|
|(C)||may violate any applicable law or advocates illegal activity;|
|(D)||advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;|
|(E)||disrupts the normal flow of dialogue or otherwise act in a way which affects the ability of other people to engage in real time activities via eBookes's Sites;|
|(F)||includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;|
|(G)||violates any policy or regulation established from time to time regarding use of eBookes Sites or any networks connected to eBookes Sites; or|
|(H)||contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (H) above.|
You may not use this Website for any purpose that is unlawful, prohibited by this Agreement, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website, or that interferes with any third party's use and enjoyment of this Website. You agree that you will not modify or cause to be modified any files that are available on the Website and/or use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by eBookes to all users of this Website. You shall not institute, assist, or become involved in an attack upon any eBookes server or otherwise attempt to disrupt the eBookes servers. ANY ATTEMPT BY YOU TO DAMAGE eBookes SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF eBookes IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, eBookes RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless eBookes, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of this Term of Use and any third party claims arise from User Materials.
Linking to the Website is permitted provided that you comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However you are not allowed to use in-line linking or framing. You must not imply that eBookes endorses or sponsors the linker or its site, products or services. You must not use our intellectual property including but not limited to trademarks, trade name, copyright without advance written permission from eBookes. Furthermore, you agree to remove the link at any time upon our request.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms and Conditions or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by eBookes.
eBookes does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.
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