1. ACCEPTANCE OF TERMS
MaxAbout.com welcomes you. MaxAbout.com provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. In addition, when using particular MaxAbout owned or
operated services, you and MaxAbout.com shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time to time.
2. DESCRIPTION OF SERVICE
MaxAbout.com provides users with access to a rich collection of resources, including,
various articles, reviews , forums, etc. You also understand and agree that the
Service may include advertisements and that these advertisements are necessary for
MaxAbout.com to provide the Service. You also understand and agree that the Service
may include certain communications from MaxAbout.com, such as service announcements,
administrative messages and the MaxAbout.com Newsletter, and that these communications
are considered part of MaxAbout.com membership and you will not be able to opt out
of receiving them. Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new MaxAbout.com properties,
shall be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that MaxAbout.com assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible for
all equipment necessary to access the Service.
Please be aware that MaxAbout.com has created certain areas on the Service that
contain adult or mature content. You must be at least 18 years of age to access
and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also agree
to:
(a) provide true, accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration Data")
and
(b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or MaxAbout.com has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, MaxAbout.com
has the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof). MaxAbout.com is concerned
about the safety and privacy of all its users, particularly children. Please remember
that the Service is designed to appeal to a broad audience. Accordingly, as the
legal guardian, it is your responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are appropriate for your child.
4. MaxAbout.com PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full privacy policy at http://privacy.MaxAbout.com/.
You understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for storage,
processing and use by MaxAbout.com and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that occur
under your password or account. You agree to
(a) immediately notify MaxAbout.com of any unauthorized use of your password or
account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. MaxAbout.com
cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not MaxAbout.com, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make available
via the Service. MaxAbout.com does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will MaxAbout.com be
liable in any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a MaxAbout.com
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas (such
as shopping rooms) that are designated for such purpose (please read our complete
Spam Policy);
h. upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
l. provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through n above.
You acknowledge that MaxAbout.com may or may not pre-screen Content, but that MaxAbout.com
and its designees shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or move any Content that is available via the Service. Without
limiting the foregoing, MaxAbout.com and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by MaxAbout.com
or submitted to MaxAbout.com, including without limitation information in MaxAbout.com
Message Boards and Discussions/Comments, and in all other parts of the Service.
You acknowledge, consent and agree that MaxAbout.com may access, preserve, and disclose
your account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of MaxAbout.com,
its users and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks
or devices.
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and use of these
materials is subject to usage rules set by MaxAbout.com and/or content providers
who provide content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials provided
on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
MaxAbout.com does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant MaxAbout.com
world-wide, royalty free and non-exclusive license(s), as applicable. "Publicly
accessible" areas of the Service are those areas of the MaxAbout.com network of
properties that are intended by MaxAbout.com to be available to the general public.
By way of example, publicly accessible areas of the Service would include MaxAbout.com
Message Boards and portions of MaxAbout.com Discussions, Photos and Briefcase that
are open to both members and visitors.
9. INDEMNITY
You agree to indemnify and hold MaxAbout.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your MaxAbout.com
I.D.), use of the Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
MaxAbout.com reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that MaxAbout.com shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that MaxAbout.com may, under certain circumstances and without prior notice,
immediately terminate your MaxAbout.com account, any associated email address, and
access to the Service. Cause for such termination shall include, but not be limited
to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) you have engaged in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Services.
Termination of your MaxAbout.com account includes
(a) removal of access to all offerings within the Service
(b) deletion of your password and all related information, files and content associated
with or inside your account (or any part thereof), and
(c) barring further use of the Service. Further, you agree that all terminations
for cause shall be made in MaxAbout.com's sole discretion and that MaxAbout.com
shall not be liable to you or any third-party for any termination of your account,
any associated email address, or access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that MaxAbout.com shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because MaxAbout.com has no control over such sites and
resources, you acknowledge and agree that MaxAbout.com is not responsible for the
availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree
that MaxAbout.com 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, goods or services available on or through any such
site or resource.
15. MaxAbout.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by MaxAbout.com or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
MaxAbout.com grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface that
is provided by MaxAbout.com for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MaxAbout.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MaxAbout.COM
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MaxAbout.COM
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS
WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MaxAbout.COM
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 OR OTHER INTANGIBLE LOSSES (EVEN IF MaxAbout.COM 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, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;,p>
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18 again. They
go doubly for you. In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or investing
purposes. MaxAbout.com and its licensors shall not be responsible or liable for
the accuracy, usefulness or availability of any information transmitted or made
available via the Service, and shall not be responsible or liable for any trading
or investment decisions made based on such information.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
21. NOTICE
MaxAbout.com may provide you with notices, including those regarding changes to
the TOS, by either email, regular mail, or postings on the Service.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT MaxAbout.com
respects the intellectual property of others, and we ask our users to do the same.
MaxAbout.com may, in appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you believe that
your work has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide MaxAbout.com's
Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. a description of where the material that you claim is infringing is located on
the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
MaxAbout.com's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
24. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and MaxAbout.com
and governs your use of the Service, superseding any prior agreements between you
and MaxAbout.com with respect to the Service. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other MaxAbout.com
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and MaxAbout.com
shall be governed by the laws of the State of California without regard to its conflict
of law provisions. You and Goona.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the country of Haryana, India.
Waiver and Severability of Terms. The failure of MaxAbout.com to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your MaxAbout.com
account is non-transferable and any rights to your MaxAbout.com I.D. or contents
within your account terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently
deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of action arose
or be forever barred. The section titles in the TOS are for convenience only and
have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.